<DOC>
[DOCID: f:kt94908.wais]

 
R B COAL COMPANY
April 6, 1995
KENT 94-908


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

                            April 6, 1995
                                    
SECRETARY OF LABOR,           :  CIVIL PENALTY PROCEEDINGS
  MINE AND SAFETY AND HEALTH  :
  ADMINISTRATION (MSHA),      :  Docket No. KENT 94-908
               Petitioner     :  A.C. No. 15-08293-03578
                              :
          v.                  :  Docket No. KENT 94-942
                              :  A.C. No. 15-08293-03580
R B COAL COMPANY,             :
               Respondent     :  R B No. 4 Mine

                               DECISION

Appearances:   Donna E. Sonner, Esq., Office of the
               Solicitor, U.S. Department of Labor, 
               Nashville, Tennessee,  for the Petitioner;
               Susan C. Lawson, Esq., Harlan, Kentucky, 
               for  the Respondent.

Before: Judge Feldman

     These proceedings concern petitions for assessment of 
civil penalties filed by the Secretary of Labor against 
the respondent pursuant to section 110(a) of the Federal 
Mine Safety and Health Act of 1977 (the Act), 
30 U.S.C.  820(a).  The petitions in these cases sought 
to impose a total civil penalty of $42,320 for the alleged 
violations of the cited mandatory safety standards.

     These matters were called for hearing on March 14, 
1995, in Pineville, Kentucky.  At the commencement of the 
hearing, the parties informed me they had reached a
settlement.  Consequently, the parties moved for my 
approval of their agreement that results in a significant 
reduction in total civil penalties from $42,320 to $5,690.  
The settlement terms include vacating Imminent Danger 
Order No. 4235989 in Docket No. KENT 94-980.  The parties' 
agreement with respect to Docket No. KENT 94-942 includes 
modification of 104(d)(1) Citation No. 4239646 to a 104(a) 
citation as well as modification of 104(d)(1) Order Nos. 
4239645, 4239654, 4239655 and 4239657 to 104(a) citations.  
These modifications lower the degree of negligence 
attributable to the respondent for the cited violations 
from high to moderate.  Finally, the agreement contemplates 
the removal of the significant and substantial designation 
from modified 104(a) Citation No. 4239645 and Citation No. 
4240176 in Docket No. KENT 94-942.

                                Order

     I have considered the representations of counsel 
presented at the hearing in support of the proposed 
agreement and I conclude that the settlement terms are 
appropriate under the criteria set forth in section 110(i) 
of the Act, 30 U.S.C.  820(i).  Accordingly, the parties' 
joint motion for the approval of settlement IS GRANTED and
IT IS ORDERED that the respondent pay a penalty of $5,690
within 30 days of the date of this order. Upon timely 
receipt of payment, these cases ARE DISMISSED.


                                Jerold Feldman
                                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 (Certified Mail)

Susan C. Lawson, Esq., Wheeler Building, Suite 301, 103 
North First Street, P.O. Box 837, Harlan, KY 40831 
(Certified Mail)

/rb