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MAXXIM REBUILD COMPANY, LLC,
Petitioner,
v.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION,
Respondents.
   No. 16-3530
On Petition for Review from the Federal
Mine Safety and Health Review Commission.
Nos. KENT 203-566; KENT 2013-989.
Argued: February 1, 2017
Decided and Filed: February 13, 2017
Before: BATCHELDER, SUTTON, and KETHLEDGE, Circuit Judges.


_________________________
OPINION
_________________________

SUTTON, Circuit Judge. At issue is whether Maxxim Rebuild Company, which operates a shop that makes and repairs mining equipment, is a “coal or other mine” subject to regulation by the Federal Mine Safety and Health Review Administration. 30 U.S.C. § 802(h). The Maxxim facility does not extract coal or any other mineral, and it does not prepare coal or any other mineral for use. It builds and repairs mining equipment at a site that is neither adjacent to nor part of a working mine. Because the definition of “coal or other mine” refers to locations, equipment and other things in, above, beneath, or appurtenant to active mines, the Maxxim facility is not a mine subject to the Administration’s jurisdiction. We reverse.