01/07/2021
In the matter of: PETITION FOR MODIFICATION
Peabody Twentymile Coal Mining LLC
Foidel Creek Mine
Mine I.D. No. 05-03836 Docket No. M-2019-067-C
PROPOSED ORDER OF DISMISSAL
On November 20, 2019, Peabody Twentymile Coal Mining, LLC (Peabody) filed a petition seeking modification of the application of 30 C.F.R. § 75.500(d) to its Foidel Creek Mine in Routt County, Colorado.
Petitioner initially requested a modification of the standard to allow the use of unapproved Power Air Purifying Respirators (PAPR), inby the last open crosscut. Specifically, the petitioner requested to utilize the 3M VersafloTM TR-800 Intrinsically Safe PAPR, and/or the CleanSpaceTM EX Power Unit.
On July 20, 2020, Twentymile Mine Superintendent Mike Zimmerman advised MSHA that as of that date the mine did not have an active Continuous Mining (CM) section to test these products and had no plans in the immediate future to start a Continuous Mining section. Therefore, Twentymile’s Foidel Creek Mine requested that petitions M- 2019-067-C, M-2019-068-C and M-2019-069-C be revised to allow use of the 3M VersafloTM TR-800 and the CleanSpaceTM EX only on the longwall face and outby returns (no closer than 1,000 feet to a section other than the longwall). If in the future a need arises to use either of these products in the CM section, a separate petition will be filed for use in the CM section.
Therefore, 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), Peabody Twentymile Mining, LLC’s Petition for Modification of the application of 30 C.F.R. § 75.500(d) in the Foidel Mine is hereby:
DISMISSED
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, 201 12th Street South, Arlington, Virginia 22202.
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 the 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 Order of Dismissal will become final.
Stephen J. Gigliotti
Chief, Division of Safety
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 7th day of January , 2021, to:
R. Henry Moore Arthur M. Wolfson Patrick W. Dennison Fisher & Phillips LLP Six PPG Place
62237 Suite 830
Pittsburg, PA 15222 hmoore@fisherphillips.com
L Harvey Kirk III, CSP
Sr. Mine Safety and Health Specialist
cc: Mr. Bill York-Feirn, CMSP, Mine Safety Program Director, Division of Reclamation, Mining and Safety, CO Dept. of Natural Resources,
1313 Sherman Street, Room 215, Denver, CO 80203
Email: bill.york-feirn@state.co.us
L. H. Kirk