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Petition - Docket No. M-2006-017-C

MAR 3 1 2016

In the matter of:                 Petitions for Modification                                           Rosebud Mining Company
(Formerly AMFIRE Mining)
Gillhouser Run Mine
I.D. No.: 36-09033

Petitions that are Granted and Finalized

Docket No.

30 CFR Standard

Granted

Finalized

M-2006-017-C

75.1100-2( e )(2)

June 6, 2007

July 6, 2007

M-2008-017-C

75.500(d)

January 7, 2009

February 6, 2009

M-2008-041-C

75.1101-l(b)

April 16, 2009

May 16, 2009

M-2011-005-C

75.503

July 17, 2012

August 16, 2012

PROPOSED DECISION AND ORDER TO REVOKE

MSHA records indicate that on October 24, 2015 the underground workings were put into non-producing status and the referenced mine was permanently abandoned and the surface opening to the mine sealed. MSHA has determined that the mining conditions have changed and that the petitions for modification 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 lOl(c) of the FederalMine Safety HealthAct of 1977, 30 U.S.C.811(c), the modifications as they apply 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 CFR 44.14, within 30 days. The request for hearingmust be filed with the Administrator for Coal Mine Safety and Health, 201 12th 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 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 Revoke will become final.

Stephen J. Gigliotti

Chief, Division of Safety

Coal Mine Safety and Health

 

 

Certificate of Service

I hereby certifythat a copy of this proposeddecision was served personally or mailed, postage prepaid, or provided by other electronic means this 31st day of

March, 2016,to:

 

Addressee of Record

Davis S. Doney

General Manger

Rosebud Mining Company

301 Market Street

Kittanning, PA 16201

dave.doney@rosebudmining.com

 

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, cocarson@pa.gov