OCT 17 2018
In the matter of: Petitions for Modification
Rosebud Mining Company M-2017-022-C
Mine Mine I.D. Requested PFM Requested Withdrawal
Bergholz Mine 33-04565 December 8, 2017 October 11, 2018
Tusky Mine 33-04509 December 8, 2017 October 11, 2018
PROPOSED ORDER OF DISMISSAL
On December 8, 2017, Rosebud Mining Company 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 standards 30 CFR § § 75.503 and more specifically 18.35(a)(5)(i) at several underground coal mines operated by Rosebud Mining Company.
On October 11, 2018, the petitioner requested that the petitions for modification be withdrawn. The Bergholz Mine and Tusky Mine no longer wish to pursue this petition. Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Rosebud Mining Company Petition for Modification M-2017-022-C of 30 CFR §§ § 75.503 -18.35(a)(5)(i) at the Bergholz Mine and Tusky Mine are 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, 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 Dismiss will become final.
/s/ .
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 and Order was served personally or mailed, postage prepaid, or provided by other electronic means this 17th day of October , 2018, to:
Benjamin E. Stock Esq.
Attorney for Rosebud Mining Company
Joe Somogyi
Manager of Underground Maintenance
Rosebud Mining Company
301 Market Street
Kittanning, PA 16201
/s/ .
Tammi Carrington
Secretary
cc: Mr. Colvin C. Carson, Director, Bureau of Mine Safety, Pennsylvania Department of Environmental Protection, 131 Broadview Road, New Stanton, PA 15672
cocarson@pa.gov