<DOC>
[DOCID: f:l93-241.wais]

 
March 15, 1995
BUCK CREEK COAL COMPANY, INCORPORATED
LAKE 93-241


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                            March 15, 1995

SECRETARY OF LABOR,         :    CIVIL PENALTY PROCEEDINGS
  MINE SAFETY AND HEALTH    :
  ADMINISTRATION (MSHA),    :    Docket No. LAKE 93-241
               Petitioner   :    A. C. No. 12-02033-03596
          v.                :
                            :    Buck Creek Mine
BUCK CREEK COAL COMPANY,    :
  INCORPORATED,             :
               Respondent   :

                        DECISION ON REMAND

Before: Judge Hodgdon

     On January 20, 1995, the Commission issued a 
decision in this case reversing my conclusion that Buck
Creek's violation of Section 75.360(a), 30 C.F.R. 
� 75.360(a), was not "significant and substantial."  Buck
Creek Coal Company, Inc., 17 FMSHRC 8 (January 1995).
The case was remanded to me "for reassessment of a civil
penalty consistent with [the Commission's] opinion." Id.
at 17.

     In view of the Commission's determination that this
violation was "significant and substantial," I find that 
it involved a high degree of gravity. Taking into 
consideration the other criteria set out in Section 110(i)
of the Federal Mine Safety and Health Act of 1977, 30
U.S.C. � 820(i), which are discussed in my prior decision,
Buck Creek Coal Company, Inc., 16 FMSHRC 133, 140 (1994), 
along with the increase in gravity, I conclude that a 
penalty of $5,500.00 is appropriate for this violation.

                                ORDER

     Accordingly, Buck Creek Coal Company, Inc. is ORDERED
to pay a civil penalty of $5,500.00 for its violation of 
the mandatory safety standards within 30 days of the date
of this decision.  On receipt of payment, this proceeding
is DISMISSED.


                              T. Todd Hodgdon
                              Administrative Law Judge


Distribution:

Lisa A. Gray, Esq., Office of the Solicitor, U.S.
Department of Labor, 230 S. Dearborn Street, 8th Floor,
Chicago, IL  60604 (Certified Mail)

Patrick A. Shoulders, Esq., Ziemer, Stayman, Weitzel & 
Shoulders, P.O. Box 916, Evansville, IN  47706 (Certified
Mail)

/lbk