1/9/26
In the matter of PETITION FOR MODIFICATION
Peabody Powder River Mining LLC
North Antelope Rochelle Mine
Mine I.D. No. 48-01353 Docket No. M-2025-053-C
PROPOSED DECISION AND ORDER
On July 29, 2025, Peabody Powder River Mining LLC filed a petition pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. §811(c) and 30 CFR part 44. The petitioner sought a modification of the application of mandatory safety standard 30 CFR § 77.404(a) at its North Antelope Rochelle Mine located in Campbell County, Wyoming.
Based on the findings of the investigation conducted in connection with the referenced petition, MSHA has determined that the petitioner’s request to maintain haul truck cab windows locked shut does not impact the safe operating condition of machinery or equipment. Accordingly, the mine would be in compliance with the referenced mandatory safety standard without this petition. Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health, Peabody Powder River Mining LLC’s Petition for Modification M-2025-053-C of 30 CFR § 77.404(a) 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, 200 Constitution Ave NW, Suite C3522, Washington, DC, 20210.
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, 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 12th day of January, 2026, to:
Christopher G. Peterson
Counsel for Peabody Powder River Mining LLC
Fisher & Phillips LLP
1125 17th Street, Suite 2400
Denver, Colorado 80202
cpeterson@fisherphillips.com
Errol Scott Arnett
Safety and Health Specialist
cc: Heather Kroupa - Heather.kroupa@wyo.gov