.
RAG SHOSHONE COAL CORP.
May 16, 2001
WEST 2000-349


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
                    1244 SPEER BOULEVARD #280
                      DENVER, CO 80204-3582
                  303-844-3993/FAX 303-844-5268

                          May 16, 2001

SECRETARY OF LABOR,           : CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH      :
  ADMINISTRATION (MSHA),      : Docket No. WEST 2000-349
                  Petitioner  : A.C. No. 48-01186-03641
                              :
          v.                  :
                              : Shoshone #1 Mine
RAG SHOSHONE COAL CORP.,      :
                  Respondent  :

                            DECISION

Appearances: Kristi L. Floyd, Esq., Office of the Solicitor,
             U.S. Department of Labor, Denver, Colorado, for
             Petitioner
             R. Henry Moore, Esq., Buchanan Ingersoll,
             Pittsburgh, Pennsylvania, for Contestant.

Before: Judge Cetti

     On July 12, 2000, at the request of the parties, an Order
was issued consolidating the above-captioned penalty case with
the corresponding contest cases WEST 99-342-R and WEST 99-384-R.
All three cases concern the validity of the 060 code.  Although
this penalty proceeding was consolidated with the corresponding
contest proceedings I did not assess a penalty in the
consolidated penalty case when I issued my decision in the
consolidated cases on April 9, 2001.  Consequently I do so now,
as requested by the parties.  I assess the penalty on the facts
and circumstances established at the hearing where RAG Shoshone
Coal Corp. Is challenging the validity of the 060 code.  On the
basis of the hearing record, including the stipulations of the
parties I find the appropriate penalty under the facts and
circumstances establish at the hearing a civil penalty of $55.00
for each of the two citations involved in this matter.  It is
clear from the record, however, that Shoshone does not waive its
right to seek review of the decision of April 9, 2001, at Docket
Nos. WEST 99-342-R and WEST 99-384-R.

                           ORDER

     It is ORDERED that RESPONDENT PAY civil penalty assessments
in the amounts shown above for each of the violations set forth
in the two affirmed citations in this docket. Payment is to made
to the Secretary of Labor within thirty (30) days of the date of
this decision and order.  Upon receipt of
payment, this case is dismissed.


                              August F. Cetti
                              Administrative Law Judge


Distribution:

Kristi L. Floyd, Esq., Office of the Solicitor, U.S. Department
of Labor, P.O. Box 46550,  Denver, CO 80201-6550   (Certified
Mail)

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


/sh