1/9/26
In the matter of: Petition for Modification
Knight Hawk Coal, LLC
Prairie Eagle - Underground
I.D. No. 11-03147 Docket No. M-2025-049-C
PROPOSED DECISION AND ORDER
On June 27, 2025, a petition was filed seeking a modification of the application of 30 C.F.R. § 75.1909(b)(6) to Petitioner’s Prairie Eagle - Underground Mine, located in Perry 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,
30 C.F.R. § 75.1909(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.
An MSHA investigation commenced on November 18, 2025, by an MSHA specialist to investigate the petition filed. The investigator verified the petition was posted on the mines bulletin board at the Prairie Eagle - Underground Mine on this date. The report was filed 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 Prairie Eagle - Underground Mine is a Bituminous coal mine located near Pinckneyville in Perry County, Illinois, mining the Herrin #6 coal seam with an average height of 84 inches and entries at 20-feet wide. The main mine fan is an exhausting fan and an intake air shaft that supplies the ventilation system in the mine with air. This mine has four (4) portals and one (1) shaft opening. This mine liberates 552,640.03 of methane in a 24-hour period and is currently on a 10-day spot inspection. The mine currently employs approximately 306 workers. The mining method is Room & Pillar mining with five (5) continuous miner section. Five (5) Mechanized Mining Units (MMU) operate 9-hour production shifts, 5 days a week with three (3) production shifts per day. There is no maintenance downshift at this mine. The mine averages 27,000 tons of raw coal production per day. The Prairie Eagle Underground Mine is not represented by a labor organization.
The Getman Road Grader, Model #RDG 1504-S, Serial No. 6390, that is the subject of this petition, was transferred from the closing Viper Mine (11-02664) where it had previously been approved by petition and used to maintain the roads. Petitioner state that when petition is granted, the grader will be used to maintain the roadways traveled by the rubber-tired equipment.
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 and agrees to comply with the following terms and conditions.
Knight Hawk Coal, LLC is requesting that the Getman Road Grader, Model #RDG 1504-S, Serial No. 6390 in lieu of compliance with 30 C.F.R. § 75.1909(b)(6). The following actions and procedures will be implemented upon approval of this requested Petition for Modification:
1. The grader operators will limit the speed of the grader to 10 miles per hour in either direction.
2. All grader operators will be trained to lower the grading plate in emergency situations to stop the road grader and prior to exiting the operator’s compartment.
3. All grader operators will be trained to recognize appropriate levels of speed for the different road conditions and grades; the training will be performed during task training and annual refresher.
4. The grader will only operate in the intake airways and only used to grade roads.
5. The grader will 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, Knight Hawk Coal, LLC will submit a proposed revision for its approved 30 C.F.R. Part 48 training plan to the Mine Safety and Health Enforcement District Manager. The Petition for Modification granted will be covered in all task training for every employee that will be operating the grader and be included during the mine Annual Refresher Training.
Road graders are very effective in maintaining underground roadways in the mining industry for safe travel. These machines are intended to be used for this purpose only. Road graders are not designed, rated, or equipped with a hitch or connection to push, pull, or tow other equipment. The road grader will not be used to push, pull, or tow other equipment.
The grader was inspected and tested prior to starting the speed test, after the inspection of the grader and tests of all the various safety systems the grader appeared to be ready to be speed tested. A visual speed test was conducted at the mine site on the surface, and during this test, the equipment was tested into 3rd gear.
Once the Petition for Modification has been granted the road grader will be used only in the intake entries of the coal mine to help maintain the travel ways as safe as possible for travel. The road grader is non-permissible and will not be used in areas where permissible equipment is required or in belt entries.
The miners at the Prairie Eagle – Underground Mine are not represented by a labor union. There are representatives of the miners at this facility. 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.
MSHA determined that the petitioner has provided all the contents required by the provision. All supporting documentation including a detailed statement of the facts the petitioner would show to establish the grounds upon which it is claimed a modification is warranted was provided.
On the basis of the petition and the findings of MSHA's investigation, Knight Hawk Coal, LLC is granted a modification of the application of 30 C.F.R. § 75.1909(b)(6) to its Prairie Eagle – Underground 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 Knight Hawk Coal, LLC’s Petition for Modification of the application of 30 C.F.R. § 75.1909(b)(6) in the Prairie Eagle – Underground 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 #RDG 1504-S, Serial No. 6390.
2. The maximum speed on the diesel grader shall be limited to 10 miles per hour or less in both forward and reverse by:
(a) 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 grader 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 and prior to exiting the operator’s compartment.
4. 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.
5. 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, 200 Constitution Ave. NW, Suite C3522, Washington, DC 20210.
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
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 prepaid, or provided by other electronic means this 12th day of January, 2026, to:
John Butcher
Director, Health and Safety
1710 State Route 154
Pinckneyville, IL 62274
Johnbutcher@Knighthawkcoal.com
Errol Scott Arnett
Mine Safety and Health Specialist
cc: Ronnie Huff, Director Office of Mines and Minerals
Illinois Dept. of Natural Resources
ronnie.huff@illinois.gov
One Natural Resources Way Springfield, IL 62702-1271