8/26/25
In the matter of PETITION FOR MODIFICATION
Peabody Midwest Mining, LLC
Francisco Underground Pit
Mine I.D. No. 12-02295
Petition for Modification Regulation Petitioned
Docket No. M-2024-063-C 30 C.F.R. § 75.500(d)
Docket No. M-2024-064-C 30 C.F.R. § 75.507-1(a)
Docket No. M-2024-065-C 30 C.F.R. § 75.1002(a)
PROPOSED DECISION AND ORDER
On July 1, 2025, Peabody Midwest Mining, LLC filed the above listed petitions for modification seeking a modification of the application of the identified 30 Code of Federal Regulations (30 C.F.R.) to its Francisco Underground Pit, located in Randolph County, Illinois, Mine I.D. No. 12-02295, to permit an alternative method of compliance to permit the use of battery powered non-permissible radios.
On August 25, 2025, the petitioner, through correspondence with MSHA, requested that the petitions for modification be withdrawn. The Francisco Underground Pit no longer wishes to pursue these petitions.
Wherefore, 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), it is ordered that
Peabody Midwest Mining, LLC’s Petition for Modification of the application of
30 C.F.R. § 75.500(d), 30 C.F.R. § 75.507-1(a) and 30 C.F.R. § 75.1002(a) at the Francisco Underground Pit 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 Coal Mine Safety and Health, 200 Constitution Avenue NW, Suite C3522, Washington, DC 20210.
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 Order to Dismiss will become final.
Timothy R. Watkins
Acting 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 26th day of August, 2025, to:
R. Henry Moore
Fisher & Phillips LLP
Six PPG Place
Suite 830
Pittsburg, PA 15222
hmoore@fisherphillips.com
Alexander Bullinger
General Engineer