U.S. Department of Labor Mine Safety and Health Administration
201 12th Street South
Arlington , Virginia 22202-5452
MAY 2 6 2016
In the matter of: Petitions for Modification
Rosebud Mining Company
(Formally Amfire Mining Company LLC) Name of Mine: Madison Mine
I.D. No. 36-09127
Docket No. 30 CFR Standard Granted Finalized
M-2006-021-C 75.1100-2(e)(2) June 27, 2007 July 06, 2007
M-2008-040-C 75.1101-l(b) April 21, 2009 May 16, 2009
PROPOSED DECISION AND ORDER TO REVOKE
MSHA Personnel conducted an investigation and held a meeting with the operator of the subject petition on March 31, 2016. The investigation identified that portable fire extinguishers are needed at temporary electrical installations, and rock dust is no longer needed due to a 2008 rulechange that superseded the subject petitionM-2006-021 listed above. As for petition M-2008-040, all deluge type fire suppression systems have been removed from the mine. MSHA has determined that the mining conditions have changed and that the modifications are no longer needed at the referenced mine.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to section 101(c) of the Federal Mine Safety HealthAct of 1977, 30 U.S.C.811(c), the modification as it applies to the referenced mine is hereby:
REVOKED
Pursuant to 30 CFR 44.52,revocations of the granted modifications will become final30 days after service of this Proposed Decision and Order to Revoke, unless a hearing is requested on the Decision and Order. Any party to this action desiring a hearing on this matter must file in accordance with 30 CPR 44.14, within 30 days. The request for hearingmust be filed with the Administrator for Coal Mine Safety and Health, 201 12 th Street South, 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 shall 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 revoke will become final.
Stephen J. Gigliotti
Chief, Division of Safety
Coal Mine Safety andHealth
Certificate of Service
I hereby certify that a copy of this proposed decision was served personally or mailed, postage prepaid, or provide by other electronic means this 26th day of May, 2016, to:
Mr. J Clifford Forrest III
301 Market Street
Kittanning, PA 16201
Monique Banks
Secretary
cc: Mr. Colvin C. Carson, Director, Bureau of Mine Safety
PA Dept. of Environmental Protection 131 Broadview Road. New Stanton, PA 15672