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

MAR 9 2020

In the matter of:                                                       Petition for Modification

Rosebud Mining Company

Cresson I.D. No. 36-09308

Tusky I.D. No. 33-04509

Vail Mine I.D. No. 33-04645

Dutch Run I.D. No. 36-08701

Parkwood Mine I.D. No. 36-08785

Logansport Mine I.D. No. 36-08841

Lowry Mine I.D. No. 36-09287

Crooked Creek Mine I.D. No. 36-09972

Barret Mine I.D. No. 36-09342

Penfield Mine I.D. No. 36-09355

Mine 78 I.D. No. 36-09371

Knob Creek I.D. No. 36-09394

Heilwood I.D. No. 36-09407

Kocjancic I.D. No. 36-09436

Brush Valley I.D. No. 36-09437

Long Run I.D. No. 36-09468

Harmony Mine I.D. No. 36-09477

Coral-Graceton I.D. No. 36-09595                           Docket No. M-2017-041-C



PROPOSED DECISION AND ORDER TO REVOKE



On December 13, 2017, a petition was filed seeking a modification of the application of 30 CPR 75.500(d) to the Petitioner's Dutch Run mine; Logansport Mine; Long Run mine and Parkwood Mine located in Armstong County Pennsylvania. The Cresson mine located in Cambria County Pennsylvania. The Harmony Mine and Penfield Mine located in Clearfield County Pennsylvania. The Vail Mine located in Harrison County Ohio. The Barrett Mine; Brush Valley mine; Coral-Graceton mine; Crooked Creek Mine; Heilwood mine; Knob Creek mine and the Lowry Mine located in Indiana County Pennsylvania. The Kocjancic mine located in Jefferson County Pennsylvania. The Mine 78 located in Somerset County Pennsylvania. And the Tusky mine located in Tuscarawas County, Ohio. The proposed decision and order (PDO) was granted on February 24, 2020.



On March 6, 2020, Ben Stock, Attorney for Rosebud Mining Company informed the Mine Safety and Health Administration (MSHA) that Rosebud Mining Company



request that Docket M-2017-041-C be withdrawn due to the many added stipulations (terms and conditions) of the PDO and that Rosebud Mining Company does not wish to have a hearing on this matter.



ORDER

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, Rosebud Mining Company's Petition for Modification of 30 C.F.R. § 75.500(d) to the mines listed above is hereby:



REVOKED.

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 the hearing must be filed with the Administrator for Mine Safety and Health Enforcement, 201 12th Street South, Arlington, Virginia 22202-5452.



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 Order to Revoke will become final and must be posted by the operator on the mine bulletin board at the listed mines.



/s/

Stephen J. Gigliotti

Chief, Safety Division

Mine Safety and Health Enforcement



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 9th day of March , 2020, to:



Mr. Ben Stock,

Esq. Rosebud Mining Company

301 Market Street

Kittanning, PA 16201

Ben.Stock @rosebudminin g.com



/s/

Michele Gussie

Secretary



cc: Mr. Richard A. Wagner, P.E., Acting Director, Bureau of Mine Safety PA Dept. of Environmental Protection P.O. Box 133, 131 Broadview Road New Stanton, PA 15672 rwagner@pa.gov



Mr. Craig Corder, Statewide Mine Safety Program Administrator Cadiz Mine Safety Training Center & Rescue Station 43029 Industrial Park Road Cadiz, OH 43907 H owani.dyer@dnr.state.oh.us