APR 0 6 2016
In the matter of: Petitions for Modification
Rosebud Mining Company
(Formerly AMFIRE Mining)
Nolo
I.D. No.: 36-08850
Docket No. 30 CFR Standard Granted Finalized
M-2001-028C 75.1100-2(e)(2) July 11, 2001 August 10, 2001
M-2001-064-C 75.350 June 28, 2002 July 28, 2002
M-2005-075-C 75.1710-1(a) April 7, 2006 May 7, 2006
M-2008-015-C 75.500(d) December 11, 2008 January 10, 2009
M-2008-043-C 75.1101-1(b) April 16, 2009 May 16, 2009
M-2011-006-C 75.503 January 7, 2013 February 6, 2013
PROPOSED DECISION AND ORDER TO REVOKE
MSHA records indicate that on December 30, 2014 the underground workings were put into non-producing status and the referenced underground 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 101(c) of the Federal Mine Safety Health Act 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 final 30 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 hearing must be filed with the Administrator for Coal Mine Safety and Health, 20112th 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 certify that a copy of this proposed decision was served personally or mailed,
postage prepaid, or provided by other electronic means this 6th day of April 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 131Broadview Road, NewStanton, PA 15672, cocarson@pa.gov