4/9/2021
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 CFR 75.500(d) to the Petitioner's Dutch Run mine; Logansport Mine; Long Run mine and Parkwood Mine located in Armstrong County Pennsylvania; Cresson Mine located in Cambria County Pennsylvania; Harmony Mine and Penfield Mine located in Clearfield County Pennsylvania; Vail Mine located in Harrison County Ohio; Barrett Mine; Brush Valley Mine; Coral-Graceton Mine; Crooked Creek Mine; Heilwood Mine; Knob Creek Mine; Lowry Mine located in Indiana County Pennsylvania; Kocjancic Mine located in Jefferson County Pennsylvania; 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the Mine Safety and Health Administration (MSHA) that Rosebud Mining Company request that Docket M-2017-041-C be withdrawn due to the many added stipulations (terms and conditions) of the PDO and that Rosebud Mining Company does not wish to have a hearing on this matter.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.
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 April, 2021, to:
Mr. Ben Stock, Esq.
Rosebud Mining Company
301 Market Street
Kittanning, PA 16201
Ben.Stock@rosebudmining.com
Rodney Adamson
Mine Safety and Health Specialist
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. Howard Dyer, Statewide Mine Safety Program Administrator Cadiz Mine Safety Training Center & Rescue Station 43029 Industrial Park Road Cadiz, OH 43907 Howard.dyer@dnr.state.oh.us
File Copy
Surname Date
Rodney Adamson 4/9/2021
Stephen Gigliotti 4/9/2021