.
BLUESTONE COAL CORPORATION
July 15, 1997
WEVA 93-165-R


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

                            July 15, 1997

BLUESTONE COAL CORPORATION,     :    CONTEST PROCEEDING
               Contestant       :
          v.                    :    Docket No.  WEVA 93-165-R
                                :    Order No.  2723399; 1/13/93
SECRETARY OF LABOR,             :
      MINE SAFETY AND HEALTH    :    Keystone No. 6 Strip
      ADMINISTRATION (MSHA),    :    Mine ID 46-03404
               Respondent       :
                                :
SECRETARY OF LABOR,             :    CIVIL PENALTY PROCEEDING
      MINE SAFETY AND HEALTH    :
      ADMINISTRATION (MSHA),    :    Docket No.  WEVA 94-117
               Petitioner       :    A. C. No.  46-03404-03509
          v.                    :
                                :    Keystone No. 6 Strip
BLUESTONE COAL CORPORATION,     :
               Respondent       :

                        DECISION ON REMAND
                               AND
                    ORDER APPROVING SETTLEMENT

Before:  Judge Barbour:

     On June 18, 1997, The Commission reversed in part my
decision in these matters by overturning my conclusion that
Bluestone did not violate 30 C.F.R. § 77.1600(b), as alleges in
Citation No. 2723400 (Bluestone Coal Corp., 19 FMSHRC __ (June
18, 1997)).  The Commission remanded the cases to determine
whether the violation of section 77.1600(b) was a significant and
substantial contribution to a mine safety hazard (S&S violation)
and for the assessment of a civil penalty (slip op. 5, 10).

     In light of the Commission's decision, the parties have
reached a settlement and the Secretary has filed a motion seeking
approval of the settlement (29 C.F.R. § 2700.31).  The settlement
is as follows:

Citation/
Order No.     Date      30 C.F.R. §    Assessment    Settlement

2723400     1/13/93      77.1600(b)      $6,000         $500

     The citation alleges that mine management did not have
"traffic rules, signals or warning signs standardize[d] in the
steep mountain incline to provide the coal haulage equipment
[with] a warning of the steep incline" (Citation No. 2723400).

     Given the Commission's finding that Bluestone violated the
cited standard, the parties have agreed the violation was S&S and
Bluestone will pay a civil penalty of $500.  The S&S nature of
the violation is consistent with the findings of the Secretary's
inspector and the $500 penalty is consistent with other findings
made in my decision (Bluestone Coal Corp., 16 FMSHRC 2500
(December 1994)).  Therefore, the proposed settlement is
reasonable and in the public interest.  Pursuant to 39 C.F.R.
§ 2700.31, the Secretary's motion is GRANTED, and the settlement
is APPROVED.

                              ORDER

     Bluestone is ORDERED to pay a civil penalty of $500 in
satisfaction of the violation in question.  Payment is to be
made to MSHA within 30 days of the date of this proceeding. 
Upon receipt of full payment, these matters are DISMISSED.


                                David Barbour
                                Administrative Law Judge


Distribution:

David J. Hardy, Esq., Jackson & Kelly, P. O. Box 553, Charleston,
WV 25322 (Certified Mail)

Robert S. Wilson, Esq., Office of the Solicitor, U. S. Department
of Labor, 4015 Wilson Boulevard, Suite 516, Arlington,  VA  22203
(Certified Mail)

Patrick L. DePace, Esq., Office of the Solicitor, U. S. Department
of Labor, 88l Federal Building, 1240 East Ninth Street, Cleveland,
OH 44199 (Certified Mail)

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