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[DOCID: f:k94-1260.wais]

 
PEABODY COAL COMPANY
March 6, 1995
KENT 94-1260


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, 10th FLOOR
                          5203 LEESBURG PIKE
                    FALLS CHURCH, VIRGINIA  22041


                            March 6, 1995

SECRETARY OF LABOR,             :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        :  Docket No. KENT 94-1260
               Petitioner       :  A.C. No. 15-14074-03667
          v.                    :
                                :  Martwick Underground Mine
PEABODY COAL COMPANY,           :
               Respondent       :

                  DECISION APPROVING SETTLEMENT

Appearances: Donna E. Sonner, Esq., Office of the Solicitor,
             U. S. Department of Labor, Nashville, 
             Tennessee, for Petitioner;
             Carl B. Boyd, Jr., Esq., Meyer, Hutchinson,
             Haynes and Boyd, Henderson, Kentucky, for
             Respondent.

Before: Judge Melick

     This case is before me upon a petition for assessment 
of civil penalty under Section 105(d) of the Federal Mine 
Safety and Health Act of 1977 (the Act).  At hearing, 
Petitioner has filed a motion to approve a settlement 
agreement and to dismiss the case.  A reduction in penalty 
from $2,000 to $1,300 was proposed.  I have considered the 
representations and documentation submitted in this case, 
and I conclude that the proffered settlement is acceptable 
under the criteria set forth in Section 110(a) of the Act.

     WHEREFORE, the motion for approval of settlement is
GRANTED, and it is ORDERED that Respondent pay a penalty 
of $1,300 within 30 days of this order.


                           Gary Melick
                           Administrative Law Judge


Distribution:

Donna E. Sonner, Esq., Office of the Solicitor, U.S.
Department of Labor, 2002 Richard Jones Road, Suite B-201,
Nashville, TN  37215-2862

Carl B. Boyd, Jr., Esq., Meyer, Hutchinson, Haynes & Boyd,
120 North Ingram Street, Suite A, Henderson, KY 42420

/jf