05-10053. Sunshine Act Meeting

May 10, 2005.

Time and Date:

10 a.m., Thursday, May 19, 2005.

Place:

The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey Avenue, NW., Washington, DC.

Status:

Open.

Matters to be Considered:

The Commission will consider and act upon the following in open session: Secretary of Labor and United Mine Workers of America v. Maple Creek Mining, Inc., et al., Docket Nos. PENN 2002-116, PENN 2003-54, PENN 2003-55, and PENN 2003-56. (Issues include whether substantial evidence supports the judge's determinations that: (1) The operator violated the requirement of 30 CFR 75.380(d)(1) to maintain in a safe condition each designated escapeway in an underground coal mine; (2) the violation was significant and substantial; (3) the violation was due to the operator's unwarrantable failure to comply with the standard; and (4) Maple Creek employees Steve Brown, Alvy Walker, and Greg Miller were liable for the violation under section 110(c) of the Federal Mine Safety and Health Act of 1977.)

The Commission heard oral argument in this matter on May 4, 2005.

Any person attending this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs, subject to 29 CFR 2706.150(a)(3) and 2706.160(d).

Contact Person for More Information:

Jean Ellen [phone] / [phone] for TDD Relay/1-800-877-8339 for toll free.

Jean H. Ellen,

Chief Docket Clerk.