<DOC>
[DOCID: f:k94-456.wais]

 
KY HARLAN COAL CO., INC.
March 7, 1995
KENT 94-456


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                            March 7, 1995

  SECRETARY OF LABOR,          :    CIVIL PENALTY PROCEEDING
    MINE SAFETY AND HEALTH     :
    ADMINISTRATION (MSHA),     :    Docket No. KENT 94-456
                Petitioner,    :    A.C. No. 15-13331-03537
      v.                       :
                               :    Prep Plant & Loading
  KY HARLAN COAL CO., INC.,    :
                Respondent     :


                              DECISION

Appearances:  Joseph B. Luckett, Esq., Office of the 
              Solicitor, U.S.  Department  of Labor,
              Arlington, Virginia, for Petitioner;
              Rodney E. Buttermore, Jr., Esq., Buttermore,
              Turner & Boggs, Harlan, Kentucky, for
              Respondent.

Before:  Judge Fauver

      This  is a civil penalty case under § 105(d) of the
Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 
et seq.

      The case  came  on  for  hearing  in Kingsport, 
Tennessee on February 7, 1995.

      The parties presented an oral motion to approve a 
settlement agreement.   Considering the presentations  of  
counsel  and  the documents submitted, I conclude that the 
settlement is consistent with the purposes of § 110(i) of 
the Act.

                                ORDER

      WHEREFORE IT IS ORDERED that:

      1.  The motion to approve the settlement agreement is
      GRANTED.
                                     
      2. Respondent shall pay the approved civil penalty of
      $4,000 in six monthly payments as follows:

                     April     1, 1995        $ 670
                     May       1, 1995        $ 666
                     June      1, 1995        $ 666
                     July      1, 1995        $ 666
                     August    1, 1995        $ 666
                     September 1, 1995        $ 666

      Provided:  If Respondent fails to make any monthly 
payment when due, the total remaining balance will become 
due immediately and interest thereon shall accrue from 
such date until the full amount is paid.  The rate of 
interest shall be the rate published by the Executive 
Secretary of the Commission.


                                   William Fauver
                                   Administrative Law Judge

Distribution:

Joseph B. Luckett, Esq., Office of the Solicitor, U.S. 
Department of Labor, 4015 Wilson Blvd., Suite 516,
Arlington, VA  22203 (Certified Mail)

Rodney E. Buttermore, Jr., Esq., Buttermore, Turner & Boggs,
P.O. Box 935, Harlan, KY  40831-0935 (Certified Mail)

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