<DOC>
[DOCID: f:kt98313.wais]

 
ISLAND CREEK COAL COMPANY
September 9, 1999
KENT 98-313


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               OFFICE OF ADMINISTRATIVE LAW JUDGES
                      2 SKYLINE, Suite 1000
                       5203 LEESBURG PIKE
                  FALLS CHURCH, VIRGINIA  22041


                        September 9, 1999


SECRETARY OF LABOR,             : CIVIL PENALTY PROCEEDING
   MINE SAFETY AND HEALTH       :
   ADMINISTRATION (MSHA),       : Docket No. KENT 98-313
               Petitioner       : A. C. No. 15-03178-03894
          v.                    :
                                : Ohio No. 11 Mine
ISLAND CREEK COAL COMPANY,      :
               Respondent       :

                             DECISION

Appearances: Joseph B. Luckett, Esq., Office of the Solicitor,
             U.S. Department of Labor, Nashville, Tennessee 
             for Petitioner;
             Elizabeth S. Chamberlin, Esq., Consol Inc.,
             Pittsburgh, Pennsylvania for Respondent.

Before: Judge Bulluck

     This case is before me upon a Petition for Assessment of
Penalty filed by the Secretary of Labor, through the Mine 
Safety and Health Administration  ("MSHA"),  against  Island  
Creek Coal Company ("Island  Creek"),  pursuant  to  section 
105(d) of the Federal Mine Safety and Health Act of 1977 ("the 
Act"), 30 U.S.C. �815. The Petition seeks a civil penalty of 
$8,000.00 for an alleged violation of section 75.220(a)(1), 
30 U.S.C. � 75.220(a)(1).

     A hearing on the merits was convened on July 28, 1999, 
in Henderson,  Kentucky, during which MSHA Inspector  Archie  
Coburn testified.  Based  on  conclusions  drawn  from  the  
inspector's testimony, the Parties entered into a discussion 
and negotiated a settlement,   whereby   Petitioner  agreed  
to modify 104(d)(1) Citation No. 4274887 to a 104(a) citation, 
to reduce the level of gravity  to "unlikely," and to delete 
the "significant and substantial" designation, and Respondent 
agreed to pay a reduced penalty of $3,000.00. The settlement 
was approved at hearing, and that determination is hereby 
confirmed.

     I have considered the representations and documentation
submitted in this case, and I conclude that the proffered
settlement is appropriate under the criteria set forth in 
section 110(i) of the Act.

                              ORDER

     The settlement is approriate and in the public interest.
WHEREFORE, the approval of settlement is GRANTED, and it is
ordered that the Secretary modify Citation No. 4274887 to a 
104(a) citation, reduce the level of gravity to "unlikely,"  
and delete the "significant and substantial" designation,  
and that Respondent pay a penalty of $3,000.00 with thirty 
(30) days of this Decision. Upon receipt of payment, this case
is DISMISSED.


                              Jacqueline R. Bulluck
                              Administrative Law Judge


Distribution:

Joseph B. Luckett, Esq., Office of the Solicitor,  U.S. 
Department of Labor, 2002 Richard Jones Road, Suite B-201, 
Nashville, TN 37215 (Certified Mail)

Elizabeth S. Chamberlin, Esq., Consol Inc., Consol Plaza,  
1800 Washington Road, Pittsburgh, PA 15241-1421 
(Certified Mail)

/nt