In the matter of Petition for Modification
Peabody Coal Company Camp No. 11 Mine
I.D. No. 15-08357 Docket No. M-2002-026-C
30 CFR 75.1101-l(b)
PROPOSED ORDER OF DISMISSAL
On February 14, 2002, Peabody Coal Company filed a petition pursuant to 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. sec. 811(c), and 30 CFR 44 et seq., for the modification of the application of 30 CFR 75.1101-l(b), a mandatory safety standard.
On October 23, 2002, MSHA inspection personnel confirmed company press releases that the plans are for suspension of coal production by November 2002 and closure, sealing of surface opening and permanent abandonment of the mine by February 2003. Consequently, the requested modification is not needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Peabody Coal Company's Petition for Modification of 30 CFR 75.1101-l(b) to its Camp No. 11 Mine is dismissed.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44 within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
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 shall 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 Order of Dismissal will become final.
Michael P. Miano
Chief, Division of Safety
Coal Mine Safety and Health