Petition - Docket No. M-2020-019-C

4/19/2021

In the matter of:                                                                    Petitions for Modification
Peabody Southeast Mining, LLC
Shoal Creek Mine I.D. No.: 01-02901

PROPOSED ORDER OF DISMISSAL

On August 27, 2020, Peabody Southeast Mining, LLC filed petitions for modification pursuant to 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30

U.S.C. § 811(c), and 30 C.F.R. § 44 et seq., for the modification of the applications of 30

C.F.R. §§ 75.500(d), 75.507-1(a) and 75.1002(a) to the Petitioner's Shoal Creek Mine located in Walker County, Alabama. The petitioner was requesting a modification of these standards to allow the use of unapproved Powered Air Purifying Respirators (PAPR) to be used inby the last open crosscut, in return air outby the last open crosscut and within 150 feet of pillar workings or longwall faces.

On October 4, 2020, the Shoal Creek Mine was placed in non-producing active status resulting in the miners being laid off until further notice. The petitions for modification were sent to the Birmingham District on September 18, 2020; however, an investigation was not conducted due the mine being shut down. Therefore, the mining conditions at the Shoal Creek Mine have changed and the petitions for modification are no longer needed.

On April 13, 2021, the Birmingham District contacted Safety Manager, Bill Davis, at the Shoal Creek Mine. Mr. Davis stated that it will be at least 2-3 months before production resumes but to not be surprised if there is no production the remainder of the year. The mine only has the Versaflo PAPR at the mine. The CleanSpace EX PAPR was sent back to the vendor at the vendor’s request.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement under 30 CFR 44.52(b), and pursuant to section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 811(c), the modification as it applies to the referenced mine is hereby:

DISMISSED

Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, within 30 days. The request for hearing must be filed with the Administrator for Mine Safety and Health Enforcement, at 201 12th Street South, Suite 401, Arlington, Virginia 22202-5452.

If a hearing is requested, the request shall contain a concise summary of the 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 Proposed 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 prepaid, or provided by other electronic means this 19th     day of April, 2021, to:

Mr. R. Henry Moore
Fisher & Phillips LLP
Six PPG Place
Suite 830
Pittsburgh, PA 15222
hmoore@fisherphillips.com

Mr. Joe Weldon
Miners' Representative
Shoal Creek Mine
654 Camp Creek Road
Oakman, AL 35579

Don Braenovich
Mine Safety and Health Specialist

cc:        Mr. Brian J. Wittwer, Mine Safety and Inspection Acting Director Alabama Department of Labor, 11 West Oxmoor Road, Ste. 201, Birmingham, AL 35309 Brian.Wittwer@labor.alabama.gov