94msa05a.htm

DATE:  April 5, 1994

CASE NO:  94-MSA-5

MSHA DOCKET NO:  M-93-022-C

IN THE MATTER OF

PEABODY COAL COMPANY
  (Camp No. 11 Mine)

               Petitioner

     and

MINE SAFETY AND HEALTH ADMINISTRATION

               Party In Interest

     and

UNITED MINE WORKERS OF AMERICA

               Party In Opposition

          DECISION RECOMMENDING CONSENT AGREEMENT APPROVAL
                                and
               DISMISSAL OF PETITION FOR MODIFICATION

A Hearing initially scheduled on February 8, 1994 at Owensboro,
Kentucky and continued to March 29, 1993, on the well taken
motion of the Party In Opposition, was cancelled on March 25,
1994 when all Parties announced that settlement of all issues in
dispute was accomplished. A duly executed Consent Agreement
Between Parties was filed on April 4, 1994. Copy thereof is
attached hereto and made a part hereof.

Review and consideration of the Consent Agreement directs the
finding that it fully complies with 30 C.F.R. §44.27 (b)(1
thru 4), that it is a fair and just disposition of all issues and
that, as written, it should be accepted and approved.

[PAGE 2]

WHEREFORE, IT IS RECOMMENDED that the Consent Agreement Between
Parties, filed herein on April 4, 1994, be approved and that the
Petition for Modification of 30 C.F.R. §75.350, filed on
February 12, 1993, be dismissed on the ground that no justiciable
issue
exists.





                                   BERNARD J. GILDAY, JR.
                                  ADMINISTRATIVE LAW JUDGE