7/13/26
In the matter of PETITION FOR MODIFICATION
Night Hawk Coal, LLC
Prairie Eagle Underground Mine
Mine I.D. No. 11-03147 Docket No. M-2026-005-C
PROPOSED DECISION AND ORDER
On January 7, 2026, Night Hawk Coal, LLC filed a petition seeking modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 75.312(c) at Prairie Eagle Underground Mine in Pinckneyville, Perry 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 § 75.312(c) states, in relevant part,
At least every 31 days, the automatic fan signal device for each main mine fan shall be tested by stopping the fan. Only persons necessary to evaluate the effect of the fan stoppage or restart, or to perform maintenance or repair work that cannot otherwise be made while the fan is operating, shall be permitted underground. Notwithstanding the requirement of §75.31l(b)(3), underground power may remain energized during this test provided no one, including persons identified in §75.31l(b)(l), is underground. If the fan is not restarted within 15 minutes, underground power shall be de-energized and no one shall enter any underground area of the mine until the fan is restarted and an examination of the mine is conducted as described in §75.360(b) through (e) and the mine has been determined to be safe.
The petitioner is requesting a modification of the standard to allow for testing the automatic fan stopping signal device without shutting down the mine fan and removing the miners from underground.
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
On May 4, 2026, MSHA investigated pertinent details of the Prairie Eagle Underground Mine. 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.
The investigation revealed The Knight Hawk Coal, LLC - 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 mine has (4) pit highwall drift mine openings at the main portal and (1) Exhaust shaft at the North side area located at 4281 New Church Road. The mine employs exhausting ventilation by using (2) Spendrup axial fans (model #305-165-900-A-I-S) (serial #8603-8604), manufactured by the Spendrup Fan Company and installed by Paul's Fans company.
The mine is on a 10-day Methane spot sequence and liberates 563,224.75 cubic feet of methane in 24 hours. The mine uses line curtain for face ventilation and no other booster fans or tubing are currently used. The mine has 5 mechanized mining unit (MMU) working sections, and they employ the room and pillar mining system with secondary perimeter mining in rooms. The mine uses 14/15 Joy Continuous Miners, Joy B 1418 Battery Cars, and Fletcher Roof bolters
The mine produces coal 5 days a week, on three shifts. The mine employs 304 underground miners divided into 3 shifts with approximately 104 miners per shift. There is no maintenance downshift at this mine. The mine averages 30,000 tons of raw coal production per day. The mining depth is approximately 175 feet mining the Herrin #6 coal seam and that is the only seam mined at this time. The Prairie Eagle Underground Mine is not represented by a labor organization.
The petitioner proposes to eliminate the required 31 day fan stoppage and alarm testing and provides an alternate method as opposed to total stoppage of the mine fan, allowing the fan alarm to be tested while the fan can continue to ventilate the mine. A complete fan shut down alarm test will still be required every 6 months but not at the 31-day intervals as 75.312 (c) requires and that additional part 48 training will only be necessary for the personnel that perform the fan test. The operator also stated a similar petition for this modification has been previously granted at a sister mine (Viper Mine) using the same basic processes.
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 standard.
MSHA recognizes the benefits of minimizing the frequency of stopping and starting the main fan. The starting and stopping of the fan has the potential to damage the electrical and mechanical systems of the fans. Any delay of a fan start, after shutdown for testing, beyond 15 minutes could result in a lengthy restarting of the mine operating system, in addition to permitting hazardous methane accumulations underground.
MSHA’s investigation of the petitioner’s alternate method for compliance with 30 CFR 75.312(c) revealed that the automatic signal activation device for detecting stoppage of the mine fan is provided with:
a. A ball valve installed in line with the tubing connecting the fan ductwork to a photohelic gauge and Bristol fan chart recorder which continuously monitors the fan pressure while the fan is running.
b. A tee connection in line with the tubing connecting the fan ductwork to the photohelic gauge and Bristol Chart Recorder.
c. A ball valve installed in the tap tubing for the tee (b) between the valve listed in (a) above and the recorder. When opened, this valve vents the tubing to atmosphere.
d. During the 31-day check, the ball valve (a) is closed and the vent valve (c) is opened, allowing the pressure to the chart recorder to drop and signal the alarm.
e. Ball valves (a) and (c) are lockable with valve (a) normally locked open and valve (c) normally locked closed. During the test, these valves are changed to the opposite position.
The alternative method which includes a back-up system utilizing an electrical interlock in the event the photohelic gauge or its contacts fail, meets MSHA expectations.
Conclusion
Based on the investigation discussed above, MSHA determined that the modification of the standard to allow for testing the automatic fan stopping signal device without shutting down the mine fan and removing the miners from underground guarantees 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, the finding of MSHA’s investigations, and the recommendations of MSHA, Night Hawk Coal, LLC, is granted a modification of the application of 30 CFR75.312(c) to its Prairie Eagle Underground Mine.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., Section 811(c), it is ordered that Night Hawk Coal’s Petition for Modification of the application of 30 CFR 75.312(c) in the Prairie Eagle Underground Mine is hereby:
GRANTED, conditioned upon compliance with the following requirements.
Terms and Conditions
1. The main mine fan signal subject to this PDO shall be tested at least every 31 days by opening the lockable ball valve (c) venting to the atmosphere and closing the lockable ball valve (a) to the fan ductwork.
2. If any deficiency of a main mine fan signal subject to this PDO is detected, the mine foreman or equivalent mine official shall be notified immediately and shall designate mine personnel to continuously monitor the main mine fan at the location of the fan anytime miners are underground until restoration of the fan signal is complete. This monitor shall have established readily accessible communications with the responsible person designated by the operator at the surface location to alert miners underground in case of a fan outage.
3. The backup fan alarm circuit shall be maintained functional and shall be tested at least every three months.
4. At least every six months, the automatic fan signal device for the main mine fan shall be tested by stopping the fan in accordance with 30 CFR 75.312(c).
5. When the fan stoppage signal system and backup fan alarm is tested, a warning light located near the fan shall be visible to personnel performing the test. In addition, an audible fan signal alarm will sound at the location where the responsible person is on duty, verifying the performance of the fan alarm signal. This person shall have two-way communication with the working sections and workstations.
6. By the end of the shift on which the test of the automatic fan signal device(s) is completed, the person(s) performing the test(s) shall record the result of the test(s) in a secure book. The record book shall be retained at a surface location at the mine for at least one year and shall be made available for inspection by an Authorized Representative of the Secretary and the representative of miners. Such recording shall also indicate the general repair of the system.
7. Within 60 days of this PDO being granted, the Petitioner shall submit proposed revisions for its approved 30 CFR 48 training plan to the MSHA’s district manager. These proposed revisions shall include initial and refresher training regarding compliance with the PDO. In addition, miners who are to perform the tests under this PDO must be specifically trained on the proper method of testing upon initial assignment to these responsibilities and at least annual thereafter.
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 thereof, the Decision and Order will become final and must be posted by the operator on the 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 paid, or provided by other electronic means this 13th day of July, 2026, to:
Chris Gray
Engineering Manager
Knight Hawk Coal, LLC
500 Cutler Trico Road
Percy, IL 62272
chrisgray@knighthawkcoal.com
_____________________________________
Derrick Tjernlund
Mine Safety and Health Specialist
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