FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
              601 New Jersey Avenue, NW, Suite 9500
                   Washington, D. C. 20001-2021
                  Telephone No.:  202-434-9588
                  Telecopier No.: 202-434-9949

                         January 13, 2003

SECRETARY OF LABOR,               :  CIVIL PENALTY PROCEEDING
   MINE SAFETY AND HEALTH         :
   ADMINISTRATION (MSHA),         :  Docket No.  KENT 2002-110
               Petitioner         :  A. C. No. 15-16011-03527
          v.                      :
                                  :  Mine: No. 1                                       
HIGHLANDS MINING & PROCESSING     :
   COMPANY, INC.,                 :
               Respondent.        :     

                 DECISION APPROVING SETTLEMENT
                                
Before:   Judge Barbour
     This case concerns a proposal for assessment of civil penalty filed pursuant to Section
105(d) of the Federal Mine Safety and Health Act of 1977, 30 U. S. C. § 815(d), the Act,
seeking civil penalty assessment for 7 alleged violations of mandatory safety standards found in
Parts 75 and 77 Title 30, Code of Federal Regulations.

     The parties have settled the matter and the Solicitor has filed a motion pursuant to
Commission Rule 31, 29 C.F.R. § 2700.31, seeking approval of the proposed settlement.  The
proposed settlement is as follows:

Citation/ 
Order No.      Date      30 C.F.R.             Assessment          Settlement

7529460        07/25/01  75.400               $    259.00         $    259.00
7529461        07/25/01  75.400                    259.00              259.00 
7529462        07/31/01  75.400                    259.00              259.00
7529466        07/31/01  75.370(a)(1)              259.00              259.00
7529467        07/31/01  75507-(1)(a)              259.00              259.00
7529470        08/01/01  75.1106-(5)(a)            317.00              259.00
7529471        08/01/01  77.1110                   259.00              184.00

          Total:                              $  1,871.00         $  1,738.00    

     Citation No. 7529460 was issued because it is alleged that dry, black, float coal had
accumulated at various locations throughout the #2 Conveyor Belt for a distance of approximately
400 feet.  

     Citation No. 7529461 was issued because it is alleged that dry, black, float coal had
accumulated at various locations throughout the #1 Conveyor Belt for a distance of approximately
300 feet.  

     Citation No. 7529462 was issued because it is alleged that dry, black, float coal had
accumulated at various locations throughout the #3 entry of the 002 MMU immediately inby the last
open cross cut which had not had rock dust applied to the roof, ribs, and floor for a distance of
approximately 76 feet outby the face area.  

     Citation No.7529466 was issued because it is alleged that the approved ventilation,
methane, and dust control plan was not being followed as required.  

     Citation No. 7529467 was issued because it is alleged that a piece of non-permissible
equipment was being used extensively throughout the 002 MMU immediate and main return outby
the last open cross cut.  

     The Respondent has agreed to pay the proposed penalties for the aforementioned citations. 

     Citation No. 7529470 was issued because it is alleged that the compressed gas cylinder
gages located outby the 002 MMU face belt drive were not maintained in safe operating condition. 
The parties propose to modify the gravity to "no lost workdays" and to reduce the penalty because
they agree that the cylinders and gages were not in service at the time of inspection.

     Citation No. 7529471 was issued because it is alleged that the fire extinguisher provided
for the sub station located on the surface was not provided with a record of inspection within the
prior 6 months.  The parties propose to modify the negligence to "low" and to reduce the penalty
because they agree that the extinguisher was fully charged and because the Solicitor is unable to
refute the Respondent's claim that the tag provided on the extinguisher was damaged by the
weather.    

     In support of the proposed settlement, the Solicitor has submitted information pertaining to
the six statutory civil penalty criteria found in Section 110(i) of the Act, including information
regarding the Respondent's size, ability to continue in business and history of previous violations.
     
     After review and consideration of the pleadings, arguments and submission in support of the
settlement motion, I find the proposed settlement is reasonable and in the public interest.  Pursuant
to 29 C.F.R. § 2700.31, the motion is GRANTED, and the settlement is APPROVED.

                             ORDER

     The Respondent IS ORDERED to pay a civil penalty of $1,738.00 in satisfaction of
the violations in question.  Payment is to be made to MSHA within 30 days of the date of this
proceeding.  Also, within the same 30 days the Secretary IS ORDERED to modify the gravity
for Citation No. 7529470 to "no lost work days" and to modify the negligence for Citation
No. 7529471 to "low."  Upon receipt of full payment and modification of these citations, this
proceeding is DISMISSED.       

                              



                              David F. Barbour
                              Chief Administrative Law Judge

Distribution:

Tommy D. Frizzell, Conference and Litigation Representative, U.S. Department of Labor, Mine
Safety and Health Administration, H.C. 66, Box 1762, Barbourville, KY 40906

Charles Robert Stump, President, Highlands Mining & Processing Company, Inc., P.O. Box
280, Whitesburg, KY 41858


/mvc