[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