Skip to main content
U.S. flag

An official website of the United States government.

Petition Docket No. M-2021-006-C

7/29/2022
In the matter of                        Petition for Modification
Patton Mining LLC
Deer Run Mine
I.D. No. 11-03182                   Docket No. M-2021-006-C

PROPOSED DECISION AND ORDER
On May 10, 2021, a petition was published in the Federal Register seeking a modification of the application of 30CFR § 75.503 to Petitioner's Deer Run Mine located in Montgomery County, Illinois. The petitioner requested the modification to allow the use of trailing cables exceeding the length specified in 30 CFR § 18.35(a)(5)(i). The petitioner alleges that the alternative method proposed in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
30 CFR § 75.503 provides in part:

The operator of each coal mine shall maintain in permissible condition all electric face equipment required by §§75.500, 75.501, and 75.504 to be permissible which is taken into or used inby the last open crosscut of any such mine.
30 CFR § 18.35(a)(5)(i) provides in part:

(5) Ordinarily the length of a portable (trailing) cable shall not exceed 500 feet. Where the method of mining requires the length of a portable (trailing) cable to be more than 500 feet, such length of cable shall be permitted only under the following prescribed conditions:

(i) The lengths of portable (trailing) cables shall not exceed those specified in Table 9, Appendix 1, titled "Specifications for Portable Cables Longer than 500 Feet."

MSHA personnel conducted an investigation for the petition and filed a report of their findings with the Administrator for Mine Safety and Health Enforcement on July 1, 2021. After a careful review of the entire record, including the petition and MSHA's investigative report, this Proposed Decision and Order is issued.

Findings of Fact and Conclusions of Law
MSHA's investigation found that 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 belt conveyor haulage suspended in the upper portion of the slope. In addition, a split air shaft is utilized for ventilation, an 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 average mining height is 108 inches. 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 FCT (continuous haulage) 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 currently utilizes a 995 VAC Fletcher CHDDR-17 double-boom walk-thru roof bolting machine on their development unit.

Patton Mining LLC's Deer Run Mine experienced a spontaneous combustion event March 2015, which resulted in the operations being idled until 2019. As a result of the spontaneous combustion history at the mine, Patton Mining with the assistance of MSHA and the State, developed and approved a spontaneous combustion mitigation plan. The mine would implement a 'bleederless ventilation system' which is common in the western United States coalfield and internationally.

One major requirement of this ventilation technique is to build a 120-psi seal in each Headgate crosscut as the longwall retreats. This ventilation barrier minimizes oxygen infiltration into the gob area for the active panel, and the previous adjacent panel. The 120-psi seals (and crosscuts they are constructed in) are crucial to the overall longwall ventilation success, and their integrity is vital. The operator is in the process of implementing two protective measures for these crosscuts and seals. The first approach is to develop crosscuts on 65-degree angles utilizing a Flexible Conveyor Train (FCT). The second approach is to extend the crosscut center spacing. Patton Mining applied for, and received approval from the State, to extend the crosscut centers greater than 120-feet up to 250-feet. The mine has used crosscut center spacing of 120-feet. This will create a much larger pillar footprint (232' x 82' versus 102' x 82') for better stability surrounding the seals. The extended pillar sizes have not yet been implemented but are approved and being considered in the near future.

The extended crosscut center will obviously have a large impact on operational techniques on continuous miner development sections. This will lead to fewer power moves, miners will minimize unplugging and plugging in power catheads, minimize cable handling, and fewer overall hazards encountered. Therefore, it is being requested to extend the allowable length for roof bolting machine trailing cables.

The petitioner requests a modification of 30 CFR 75.503, specifically 30 CFR 18.35(a)(5)(i) to permit an increase of the trailing cables lengths up to 950 feet maximum. The increase in trailing cable length will reduce the advancement of the unit power center. This reduces exposure of moving machinery, connecting, disconnecting, and hanging high voltage incoming power (21,600 VAC) and eliminates using a distribution box to extend these cables. The #2 AWG trailing cable is more substantial than the smaller trailing cable. The petitioner claims the alternate method of compliance will decrease the likelihood of cable damage and therefore enhance safety for miners handling the cable.
The alternative method proposed by the petitioner lists various terms, conditions, and safety precautions related to the use of extended length trailing cables supplying all roof bolting machines at Deer Run Mine.

a. This petition shall apply only to trailing cables supplying three-phase, 995-VAC power to roof bolting machines.
b. The maximum length of the 995-volt trailing cables shall be 950 feet.
c. The 995-volt trailing cables shall not be smaller than #2 American Wire Gauge (AWG).
d. A Schweitzer Engineering Laboratories 75 lA ("SEL-75 lA") overcurrent protection relay will be used, and a designated official of Patton Mining, LLC shall manage the password protected settings.
e. All circuit breakers used to protect #2 AWG trailing cables exceeding 700 feet in length shall have instantaneous trip units calibrated to trip at 800 amperes. The trip setting of these circuit breakers shall be password protected, and these circuit breakers shall have permanent, legible labels. Each label shall identify the circuit breaker as being suitable for protecting #2 AWG cables. This label shall be maintained legible.
f. Replacement instantaneous trip units that are used to protect #2 AWG trailing cables, shall be calibrated to trip at 800 amperes, and this setting shall be password protected.
g. During each production day, persons designated by the operator shall visually examine the trailing cables to ensure that the cables are in safe operating condition.
h. Any trailing cable that is not in safe operating condition shall be removed from service immediately and shall be repaired or replaced.
1. 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 materials. The splice or repair shall comply with 30 CFR 75.603 and 75.604.
J. Permanent warning labels shall be installed and maintained on the cover(s) of the power center identifying the location of each password protected short-circuit protection device. These labels shall warn miners not to change or alter the shortcircuit settings.
k. The petitioner's alternative method shall not be implemented until miners designated to examine the integrity of the settings, verify the short-circuit settings, examine trailing cables for defects and damage according to the proper procedure have received specified training.

1. Within sixty (60) days after this petition is granted, the petitioner shall propose revisions to the mine's training plans approved under 30 CFR part 48 and submit the proposed revisions to the Coal Mine Safety and Health District Manager for the area where the mine is located. The training shall include the following elements:

i. Training in mining methods and operating procedures that will protect the trailing cables against damage;
ii. Training in the proper procedures for examining the trailing cables to ensure the cables are in safe operating condition;
iii. Training in hazards of setting the instantaneous circuit breakers too high to adequately protect the trailing cables; and
iv. Training in how to verify the circuit interrupting device(s) protecting the trailing cable(s) are properly set and maintained.

The petitioner asserts that the alternate method proposed will at all times guarantee no less than the same measure of protection afforded the miners under the mandatory standards.
The petitioner submitted a short circuit analysis based on the configuration of the mine power system using the proposed trailing cable sizes and lengths to be used with the 995 VAC Fletcher CHDDR-17 double-boom walk-thru roof bolting machine on their development unit. The short circuit study indicates that the proposed circuit breaker settings will adequately protect the subject trailing cables.

The petitioner notified miners regarding the terms of this petition by posting the petition on the mine bulletin board. MSHA also interviewed miners as part of its investigation, and they did not raise safety concerns and were in favor of the petition.
MSHA finds that the alternate method proposed by the Petitioner (and as amended herein by MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under§ 75.503.

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 l0l(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., Sec. 81l(c), it is ordered that Patton Mining LLC's Petition for Modification at Deer Run Mine for the application of 30 CFR § 75.503 is hereby:

GRANTED, for trailing cables supplying power to 995 VAC Fletcher CHDDR- 17 double-boom walk-thru roof bolting machines. The petition is granted for the maximum lengths of 950 feet of trailing cable only when necessary to mine longwall panels when larger coal pillars with crosscut centers greater than 120 feet and not exceeding a maximum of 250 feet are used in Deer Run Mine, conditioned upon compliance with the following terms and conditions:

1. This petition shall apply only to #2 AWG trailing cables supplying power to 995 VAC Fletcher CHDDR-17 double-boom walk-thru roof bolting machines.

2. The maximum length of trailing cables listed in Item No. 1 shall be 950 feet.

3. Cables supplying power to 995 VAC roof bolting machines shall not be smaller than#2 AWG.

4. All electrical protection devices used to protect #2 AWG cables exceeding 700 feet in length supplying power to 995 VAC specified machine shall have instantaneous trip settings calibrated to trip at 800 amps. A Schweitzer Engineering Laboratories 75 lA ("SEL-75 lA") overcurrent protection relay shall be utilized for these electrical protection requirements. These SEL overcurrent relay settings shall be effectively secured. Nonauthorized personnel shall be prohibited from modifying parameter settings. Patton Mining, LLC will designate an official to manage and maintain the security of the SEL relays. All electrical protection devices shall have permanent legible labels identifying the electrical protection device as being suitable for protecting #2 AWG cables supplying power to the specified machines.

5. All electrical protection devices used to protect trailing cables covered by this petition shall be calibrated, legibly labeled, protected, secured, and maintained according to the manufacturers recommendation and as specified in this Proposed Decision and Order.

6. All components that provide short-circuit protection shall have a sufficient interruption rating in accordance with the maximum calculated fault currents available. All electrical protection devices used to protect trailing cables exceeding the maximum length specified in 30 CFR § 18.35(a)(5)(i) shall have instantaneous devices properly calibrated and adjusted to trip at no more than smallest of the following values:
a. the setting specified in 30 CFR § 75.601-1;
b. the setting specified in the approval documentation for the machine; or
c. 70% of the minimum phase to phase short circuit current available at the end of the trailing cable.

The short circuit analysis shall be updated whenever changes are made to the mine power system that affect the fault current available at the end of the affected trailing cables and the specified settings used to protect these trailing cables. An updated short circuit analysis which accurately determines the minimum phase to phase short circuit current available at the end of the affected trailing cables shall be kept and made available to an authorized representative of the Secretary and to the miners in such mine.

7. At the beginning of each production shift, persons designated by the mine operator shall visually examine the trailing cables to ensure that they are in safe operating condition. The instantaneous settings of the calibrated electrical protection devices shall also be visually examined to ensure that the settings are secured and do not exceed the settings specified in this Proposed Decision and Order.

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

9. 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 materials. The outer jacket of each splice or repair 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.

10. Permanent warning labels shall be installed and maintained legible on the cover(s) of the power center or distribution box identifying the location of each secured short-circuit protective device. These labels shall warn miners not to change or alter these settings. Any evidence of tampering with the settings or any unauthorized use shall prompt notification to the District Manager for Mine Safety and Health Enforcement for the area in which the mine is located. All cable couplers for these cables 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.

11. 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. Also, additional precautions shall be taken to ensure that haulage roads and trailing cable storage areas are situated to minimize contact of the trailing cable with all mobile equipment used at the mine. Moreover, trailing cable anchors on cable reel equipment shall be of the permanent type as recommended by the manufacturer and that minimizes the tensile forces on the trailing cables.

12. Where the method of mining requires that trailing cables cross roadways or haulage ways, the cables shall be securely supported from the mine roof, or a substantial bridge for equipment to pass over the cables shall be provided and used.
13. Excessive cable shall be stored behind the anchor, on equipment that use cable reels, to prevent cables from overheating.

14. The Petitioner's alternate method shall not be implemented until miners who have been designated to examine the integrity and security of the system, to verify the short-circuit settings, and to examine trailing cables for defects and damage, have received the training specified in Item 15.

15. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plan to the District Manager for Mine Safety and Health Enforcement for the area in which the mine is located. The proposed revisions shall specify task training, for persons who perform the examinations listed in Item 7, that includes the following elements:

(a) Training in the mining methods and operating procedures that will protect the trailing cables against damage;
(b) Training in proper procedures for examining the short circuit interrupting device(s) and trailing cables to ensure that they are in safe condition;
(c) Training in the hazards of setting the short circuit interrupting device(s) too high to adequately protect the trailing cables;
(d) Training in how to verify that the short circuit interrupting device(s)protecting the trailing cable(s) are properly set and maintained; and
(e) Training on how to protect trailing cables against damage caused by overheating when excessive cable is stored on the cable reel, and the importance of adjusting stored cable behind the cable anchor as tramming distances change. The procedures, as specified in 30 CFR § 48.3, for approval of proposed revisions to already approved training plans shall apply.

16. Unless specifically mentioned herein, nothing in this Proposed Decision and Order changes or supersedes the requirements otherwise imposed by the Mine Act, other mandatory standards or regulations, or approved ventilation or other plans.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR § 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- Suite 401, Arlington, Virginia 22202-5452.

If a hearing is requested, the request shall 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,
Deputy 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 29th day of July, 2022, to:
Todd Leverton,
General Manager of Operations
12051 N. 9th Avenue
P.O. Box 457
Hillsboro, IL 62049
TLeverton@maryanmining.com

Daniel Skinner,
Safety Manager
12051 N. 9th Avenue
P.O. Box 457 Hillsboro,
IL 62049
Dan.Skinner@MaRyanMining.com

Rodney Adamson
Mine Safety and Health Specialist

cc: Ronnie Huff, Director, Office of Mines and Minerals, and Bill Patterson, OMM State Mine Inspector at Large, Illinois Dept. of Natural Resources, One Natural Resources Way, Springfield, IL 62702-1271; ronnie.huff@illinois.govbill.patterson@illinois.gov;