1/21/2026
In the matter of PETITION FOR MODIFICATION
Patton Mining LLC
Deer Run Mine
Mine I.D. No. 11-03182 Docket No. M-2025-048-C
PROPOSED DECISION AND ORDER
On Apri 2, 2025, Patton Mining LLC filed a petition seeking modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 75.503 at its Deer Run Mine located in Montgomery County, Illinois. The petitioner alleges that the alternative method in the petition will at all times guarantee no less than the same measure of protection afforded to the miners by the standard.
The petitioned standard, 30 C.F.R § 75.503 states, in relevant 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.
The petitioner is requesting a modification of the standard to allow the use of trailing cables exceeding the length specified in MSHA’s approval regulations for Portable (trailing) cables and cords under 30 CFR § 18.35(a)(5)(i).
30 C.F.R § 18.35(a)(5)(i) states, in relevant 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.”
The subject mine was granted the use of trailing cables exceeding the length specified in MSHA’s approval regulations for portable (trailing) cables and cords for roof bolting machines in a previous Proposed Decision and Order (PDO) under Docket Number M-2021-006-C. Once this PDO becomes final, this order will supersede the previous order found in M-2021-006-C and will apply to trailing cables supplying power to both permissible shuttle cars and roof bolting machines.
MSHA personnel investigated the merits of the petition and filed a report of their findings 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, the Administrator issues this Proposed Decision and Order.
Findings of Fact and Conclusions of Law
MSHA investigated pertinent details of the Deer Run Mine on September 4, 2025. The investigation included an item-by-item review of the proposed petition and an onsite mine visit. During the onsite visit, the MSHA investigator verified that the proposed Petition for Modification (PFM) was posted on the mine’s bulletin board and explained the PFM process and all stipulations to the miners and supervisors.
There was no Representative of Miners at the mine; however, MSHA interviewed five miners regarding the PFM. No negative comments were provided by any of the miners interviewed during the investigation.
During the comment period for the Petition for Modification, MSHA received public comments from an anonymous commenter. The public comments are available on MSHA’s website and Regulations.gov website.
The anonymous commenter stated concern that the circuit breakers may not reliably function within the intended trip currents. The commenter also stated that human error, improper maintenance, oversight lapses, and component aging may pose additional risk.
MSHA considered the above comments during the investigation of this petition and in issuing the following Proposed Decision and Order.
The Deer Run Mine is located in Hillsboro, Illinois in Montgomery County. The mine opens the Herrin No. 6 coal seam with a slope opening and three air shafts. Coal is currently being produced on two shifts per day, with one additional maintenance shift per day. The mine has an average daily production of 32,428 raw tons. The mine has approximately 80 underground employees. The mine currently consists of three continuous miner units and one longwall to extract coal. Shuttle cars and battery ram cars transport coal from working faces to the belt tail and feeder. Conveyor belts transport coal from the working sections to the surface. The mine liberates 543,941 cubic feet of methane in 24 hours and is on a 10-day 103(i) Spot Inspection.
Presently, the mine is using a 995 VAC distribution box to accomplish what the mine intends with the longer cables under this submitted petition. There were two 995 VAC shuttle cars in use at the time of MSHA’s investigation. The distribution box moves up with the advancing faces between power moves. A Schweitzer Engineering Laboratories (SEL) overcurrent protection package is used; it is password protected and set to trip at 800 amperes. The shuttle cars are currently utilizing #2 AWG portable cables.
Based on the length specified in MSHA’s approval regulations for portable trailing cables and cords under 30 CFR § 18.35(a)(5)(i), the maximum allowable cable length for the Petitioner’s #2 AWG portable cable is 700 feet.
The petitioner alleges that increasing the length of cable supplying power to the shuttle cars to 950 feet will reduce the frequency that a section power center must be advanced, resulting in less need for cable handling and fewer opportunities for cable damage, while also limiting electrical hazard exposures for the miners handling the cable.
As part of the investigation process, the Short-Circuit Calculation Program, developed by MSHA Technical Support’s Approval and Certification Center, was used. This analysis evaluated the mine’s electrical system and predicted the fault current available for 950 feet of #2 AWG cable supplying 995 volts of AC power to the permissible shuttle cars. The short-circuit analysis indicated that adequate fault current was available to trip the protective circuit breakers for the permissible shuttle cars under a short-circuit condition, provided that the circuit breakers are calibrated at 800 amperes for the #2 AWG cable.
The granting of this petition would affect all miners at the mine.
The petitioner alleges that the alternative method proposed in the submitted petition will, at all times, guarantee no less than the same measure of protection afforded by the standard.
The petitioner was previously granted Docket Number M-2021-006-C, allowing the use of 950 feet of 995 VAC trailing cables for roof bolting machines with an identical monitoring package. Once this PDO becomes final, this order will supersede the previous order found in M-2021-006-C and will apply to trailing cables supplying power to both permissible shuttle cars and roof bolting machines.
The previous petition requires visually examining the trailing cables at the beginning of each production shift to ensure that they are in safe operating condition. The more stringent requirement to examine the cables each shift is required to help identify and correct hazards and ensure the alternative method proposed will, at all times, guarantee no less than the same measure of protection afforded by the standard.
Conclusion
Based on the investigation discussed above, MSHA determined that the proposed alternative method will, at all times, guarantee no less than the same measure of protection afforded by the standard, if the operator follows all of the manufacturer’s recommendations and adheres to the Terms and Conditions of the Proposed Decision and Order.
On the basis of the petition and MSHA’s investigation findings, and the foregoing reasons, Patton Mining LLC is granted a modification of the application of 30 C.F.R. § 75.503 at 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 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 811(c), it is ordered that Patton Mining LLC’s Petition for Modification of the application of 30 C.F.R. § 75.503 in the Deer Run Mine is hereby:
GRANTED, conditioned upon compliance with the following requirements.
Terms and Conditions
1. This petition shall apply to #2 AWG trailing cables supplying three-phase, 995-volt power to both permissible shuttle cars and roof bolting machines.
2. The maximum length of trailing cables shall be 950 feet.
3. The trailing cables shall not be smaller than #2 AWG.
4. All electrical protection devices used to protect cables exceeding 700 feet in length shall have instantaneous trip settings calibrated to trip at 800 amperes. A Schweitzer Engineering Laboratories 751A (SEL-751A) overcurrent protection relay shall be utilized for these purposes.
5. The SEL-751 relay settings shall be effectively secured. Nonauthorized personnel shall be prohibited from modifying any parameter settings. Patton Mining, LLC will designate an official to manage and maintain the security of the SEL-751 relays. Any evidence of tampering with the settings or any unauthorized use shall be promptly reported to MSHA.
6. All electrical protection devices shall have permanent legible labels identifying the electrical protection device as being suitable for protecting #2 AWG cables. 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.
7. All electrical protection devices used to protect trailing cables shall be calibrated, legibly labeled, protected, secured, and maintained according to the manufacturer’s recommendation and as specified in this Proposed Decision and Order.
8. All electrical protection devices shall have a sufficient interruption rating in accordance with the maximum calculated fault currents available. 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. The updated short circuit analysis shall be kept and made available to an authorized representative of the Secretary of Labor and to the miners in such mine.
9. 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 device 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.
10. Any trailing cable that is not in safe operating condition shall be removed from service immediately and repaired or replaced.
11. 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. Splices shall comply with the requirements of 30 CFR §§ 75.603 and 75.604.
12. All cable couplers for the subject trailing cables shall be constructed or designed to permit only the proper type and length of cable to be plugged into the receptacle with the proper settings.
13. 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.
14. Excessive cable shall be stored behind the anchor, on equipment that uses cable reels, to prevent cables from overheating. 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.
15. 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 16.
16. Within 60 days of the date this Proposed Decision and Order becomes final, the Petitioner shall submit revisions for its approved Part 48 training plan according to the procedures specified in 30 C.F.R. § 48.3. The updated training shall include 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 electrical protection devices and trailing cables to ensure that they are in safe condition.
c. Training in the hazards of setting the instantaneous circuit breakers too high to adequately protect the trailing cables.
d. 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.
Unless specifically mentioned herein, nothing in this Order changes or supersedes the requirements otherwise imposed by the Mine Act, other mandatory standards or regulations, or approved plans.
The petitioner shall include the above terms and conditions in the initial and annual refresher training as required in its approved Part 48 training plans to ensure that miners are aware of the stipulations contained in this petition.
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, 200 Constitution Ave NW, Suite C3522, Washington, DC, 20210.
Any hearing request must contain a concise summary of position on the issues of fact or law to be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than the Petitioner who has requested a hearing may also comment on 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 of this Proposed Decision and Order, the Decision and Order will become final and must be posted by the operator on the bulletin board at the mine.
Timothy R. Watkins
Acting 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 paid, or provided by other electronic means this 21st day of
January, 2026, to:
Shawn Batty
Director of Safety and Compliance
Foresight Energy
211 N Broadway Suite 2600
St. Louis, MO 63102
Shawn.Batty@foresight.com
Alexander Bullinger
General Engineer
cc: Ronnie Huff, Director
Office of Mines and Minerals
Illinois Dept. of Natural Resources
One Natural Resources Way
Springfield, IL 62702-1271
ronnie.huff@illinois.gov