Petition - Docket No. M-2017-041-C

FEB 20 2020
In the matter of:                                        Petition for Modification
Rosebud Mining Company Bergholz 7
I.D. No. 33-04565                                    Docket No. M-2017-041-C

PROPOSED DECISION AND ORDER

Ori December 13, 2017, Rosebud Mining Company filed a petition seeking an amendment and modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 75.500(d) to Petitioner's Bergholz 7 Mine located in Jefferson, OH.

On September 4, 2019, MSHA headquarters received notice from the district office indicating that Bergholz 7 Mine has been abandoned and sealed and as such no longer requires a petition. Therefore, the petition is not needed and should be dismissed.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health and pursuant to Section IOI(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 81l(c), it is ordered that Rosebud Mining Company's Petition for Modification of the application of 30 C.F.R. § 75.S00(d) in the Bergholz 7 Mine 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 Coal Mine Safety and Health, 201 12th Street South, Arlington, Virginia 22202.

If a hearing is requested, the request shall contain a concise summary of 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 the 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 Decision and Order 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 20th day of
February , 2020, to:

Benjamin E. Stock
Attorney for Rosebud Mining Company
301 Market Street
Kittanning, PA 16201
 
Jacob T. Wells
Safety Directory
for Rosebud Mining Company
301 Market Street
Kittanning, PA 16201

/s/
Michele Gussie
Secretary Mine Safety and Health Administration

cc: Craig Corder, Statewide Mine Safety Program Administrator, Cadiz Mine Safety Training Center & Rescue Station, 43029 Industrial Park Road, Cadiz, OH 43907