1/26/2023
In the matter of Petition for Modification
Peabody Southeast Mining, LLC
Shoal Creek Mine
I.D. No. 01-02901 Docket No. M-2022-014-C
PROPOSED ORDER OF DISMISSAL
On July 15, 2022, Peabody Southeast Mining, LLC filed a petition 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 application of 30 C.F.R.
§ 75.503(18.35(a)(5)(i)) to Petitioner's Shoal Creek Mine located in Walker County, Alabama.
On January 6, 2023, the Birmingham District received an email from Clint Tanner, Maintenance Director at the Shoal Creek Mine requesting their petition for modification be withdrawn. As a result, the petition is no longer needed and should be dismissed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, Peabody Southeast Mining, LLC’s Petition for Modification of 30 C.F.R. § 75.503(18.35(a)(5)(i)) to its Shoal Creek 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, Suite 401, Arlington, Virginia 22202-5452. 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 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.
Rodney Adamson,
Acting Chief Division of Safety 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 26th day of January, 2023, to:
Mr. R. Henry Moore
Fisher & Phillips LLP
Six PPG Place
Suite 830
Pittsburgh, PA 15222
hmoore@fisherphillips.com
Morris Studdard
Miners' Representative
509 Crest Circle
N Jasper, AL 35501
Harold Sickles
President UMW
Local Shoal Creek Mine
654 Camp Creek Road
Oakman, AL 35579
umwalocal1948@gmail.com
Don Braenovich
Mine Safety and Health Specialist
cc: Mr. James R. West, Mine Safety and Inspection Chief Alabama Department of Labor 11 West Oxmoor Road, Ste. 201 Birmingham, AL 35309 James.West@labor.alabama.gov