<DOC>
[DOCID: f:l96-17a.wais]

 
AMAX COAL COMPANY
May 13, 1996
LAKE 96-17


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES

                        2 SKYLINE, 10TH FLOOR
                          5203 LEESBURG PIKE
                     FALLS CHURCH, VIRGINIA 22041

                             May 13, 1996

SECRETARY OF LABOR,               :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH          :
  ADMINISTRATION (MSHA),          :  Docket No. LAKE 96-17
                 Petitioner       :  A. C. No. 11-00877-04131
                                  :
           v.                     :
                                  :
AMAX COAL COMPANY,                :  Wabash Mine
                 Respondent       :

                           AMENDED DECISION

Appearances:  Ruben R. Chapa, Esq., Office of the Solicitor, U.S.
              Dept. of Labor, Chicago, Illinois for Petitioner;
              R. Henry Moore, Esq., Buchanan Ingersoll P.C.,
              Pittsburgh, Pennsylvania for Respondent.

Before:  Judge Melick

     Pursuant to Commission Rule 79, the attached corrected page
in the decision made May 2, 1996, is hereby substituted.


                                 Gary Melick
                                 Administrative Law Judge


Distribution:

Ruben R. Chapa, Esq., Christine M. Kassak, Esq., Office of the
Solicitor, U.S. Dept. of Labor, 230 S. Dearborn Street, 8th
Floor, Chicago, IL 60604 Certified Mail)

R. Henry Moore, Esq., Buchanan Ingersoll, 301 Grant Street, 20th
Floor, Pittsburgh, PA 15219-1410 (Certified Mail)

/jf


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


SECRETARY OF LABOR,            :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH       :
  ADMINISTRATION (MSHA),       :  Docket No. LAKE 96-17
                 Petitioner    :  A.C. No. 11-00877-04131
                               :
           v.                  :
                               :
AMAX COAL COMPANY,             :  Wabash Mine
                 Respondent    :

                               DECISION

Appearances:  Ruben R. Chapa, Esq., Office of the Solicitor,
              U.S. Dept. of Labor, Chicago, Illinois for
              Petitioner; R. Henry Moore, Esq., Buchanan
              Ingersoll P.C., Pittsburgh, Pennsylvania for
              Respondent.

Before:  Judge Melick

     This case is before me upon the petition for civil
penalty filed by the Secretary of Labor pursuant to
Section 105(d) of the Federal Mine Safety and Health Act
of 1977, 30 U.S.C. § 801, et seq., the "Act," charging
the Amax Coal Company (Amax) with two violations under
the Act and proposing civil penalties of $2,809 for
those violations.

                          Order No. 4263998

     At hearing petitioner filed a motion to approve a
settlement agreement as to this order.  A reduction in
penalty from $2,500 to $2,000 was proposed.  Based on
the representations and documentation submitted I
concluded that the proffered settlement was acceptable
under the criteria set forth in Section 110(i) of the
Act.  That determination is here reconfirmed and an
order directing payment of the penalty is incorporated
herein.

Citation No. 4264052

This citation charges as follows:

     "The 25/3W haulageway was not kept free of wet and muddy
conditions.  At No. 29 and from 10 to 12 crosscuts
mud and water up to 24 inches in depth affected the
control of equipment."

This citation was issued by MSHA Inspector Robert Stamm on
September 5, 1995, based upon Safeguard No. 3536015 issued