UNITED STATES SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 8-K

 

CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d)

OF THE SECURITIES EXCHANGE ACT OF 1934

 

Date of Report (Date of earliest event reported): August 25, 2011

 

Rhino Resource Partners LP

(Exact name of registrant as specified in its charter)

 

Delaware

(State or other jurisdiction

of incorporation or organization)

 

001-34892

(Commission

File Number)

 

27-2377517

(IRS Employer

Identification No.)

 

424 Lewis Hargett Circle, Suite 250

Lexington, Kentucky 40503

(Address of principal executive office) (Zip Code)

 

(859) 389-6500

(Registrant’s telephone number, including area code)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

o   Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o   Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o   Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o   Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 



 

Item 8.01                     Other Events

 

On July 21, 2010, the Dodd-Frank Wall Street and Consumer Protection Act (the “Dodd-Frank Act”) was enacted into federal law. Section 1503(b)(2)(B) of the Dodd-Frank Act requires a reporting company operating coal mines or with subsidiaries that operate coal mines to file a Current Report on Form 8-K upon receipt of written notice from the Mine Safety and Health Administration (“MSHA”) that a mine has the potential for a pattern of violations under Section 104(e) of the Federal Mine Safety and Health Act of 1977 (“Mine Act”).

 

Previously, on November 19, 2010, Rhino Eastern LLC (“Rhino Eastern”), a joint venture in which Rhino Resource Partners LP owns a 51% membership interest and serves as manager, received an MSHA notification of a potential pattern of violations under Section 104(e) of the Mine Act for Rhino Eastern’s Eagle #1 Mine located in Bolt, West Virginia (the “Eagle #1 Mine”). In a follow up letter dated March 15, 2011, MSHA notified Rhino Eastern that MSHA concluded that the Eagle #1 Mine achieved the target for its significant and substantial (“S&S”) violations during the potential pattern of violations period. By reducing its S&S violations to the targeted rate of S&S violations, MSHA concluded that it would not consider the Eagle #1 Mine for a pattern of violations notice pursuant to Section 104(e)(1) of the Mine Act at that time.

 

On August 25, 2011, Rhino Eastern again received an MSHA notification of a potential pattern of violations under Section 104(e) of the Mine Act for the Eagle #1 Mine based on MSHA’s continued monitoring of the Eagle #1 Mine for long-term compliance after the evaluation period that ended in March 2011. The notice from MSHA provides Rhino Eastern twenty days to review the violations and to develop a corrective action program in order to avoid a final finding of a pattern of violations and the imposition of sanctions pursuant to Section 104(e) of the Mine Act. In addition, MSHA plans to conduct a complete inspection of the Eagle #1 Mine on or after October 1, 2011. Rhino Eastern is carefully reviewing all of the historical safety data that resulted in the potential pattern of violations finding, and intends to fully cooperate with MSHA during this process.

 

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SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

 

 

 

RHINO RESOURCE PARTNERS LP

 

 

 

By:

Rhino GP LLC,

 

 

Its General Partner

Dated: August 31, 2011

 

 

By:

/s/ Joseph R. Miller

 

Name:

Joseph R. Miller

 

Title:

Vice President, Secretary and General Counsel

 

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