<DOC>
[DOCID: f:c95-210m.wais]

 
NORTON CRUSHED STONE
September 16, 1997
CENT 95-210-M


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

                          September 16, 1997


SECRETARY OF LABOR,             :  CIVIL PENALTY PROCEEDINGS
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        :   Docket No. CENT 95-210-M
               Petitioner       :   A.C. No. 41-03813-05508
                                :
          v.                    :   Docket No. CENT 95-211-M
                                :     A.C. No. 41-03813-05509
NORTON CRUSHED STONE,           :
               Respondent       :   Norton Development
                                :
                                :
SECRETARY OF LABOR,             :   CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        :   Docket No. CENT 97-49-M
               Petitioner       :     A.C. No. 41-03813-05512 A
                                :
          v.                    :
                                :
MARVIN  D. CARLISLE, employed   :
  by Norton Development         :
  NORTON CRUSHED STONE,         :
               Respondent       :
                                :
                                :
SECRETARY OF LABOR,             :   CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        :   Docket No. CENT 97-50-M
               Petitioner       :     A.C. No. 41-03856-05506 A
                                :
          v.                    :
                                :
MARVIN D. CARLISLE, employed    :
  by Tull Pit                   :
  NORTON CRUSHED STONE,         :
               Respondent       :


                               DECISION

Appearances:  Robert A. Goldberg, Esq., Mary K. Schopmeyer,
Esq., Office of the Solicitor, U.S. Department of Labor,
Dallas, Texas, on behalf of the Complainant;

Hugh E. Hackney, Esq., Fulbright & Jaworski, Dallas, Texas,
for the Respondents.

Before:  Judge Weisberger

     These cases are before me  upon  petitions for assessment of
civil penalty under Section 105(d) and 110(c) of the Federal Mine
Safety and Health Act of 1977 (the Act).  Petitioner has
filed a motion to approve settlement agreement and to dismiss the
cases.  A reduction in total penalties from $48,306 to $22,153 is
proposed.    I   have   considered   the   representations    and
documentation  submitted  in these cases, and I conclude that the
proffered settlement is appropriate  under the criteria set forth
in Section 110(i) of the Act.

     WHEREFORE, the motion for approval of settlement is GRANTED,
and it is ORDERED that Tom E. Norton Jr.,  on  behalf  of  Norton
Crushed  Stone,  the Respondent operator, and on behalf of Marvin
D. Carlisle, the agent of the operator, shall pay a total penalty
of $22,153 as follows:

1.  $2,017 is to be paid within 30 days of this decision.

2.  An installment  payment of $839 shall be paid by August
    22, 1997, and remaining installments of $839 each shall
    be paid on or before  the  same  day of each successive
    month  until  all 23 remaining installments  have  been
    paid.

                                       Avram Weisberger
                                       Administrative Law Judge

Distribution:

Robert A. Goldberg, Esq., Office of the Solicitor, U.S.
Department of Labor, 525 S. Griffin Street, Suite 501,
Dallas, TX  75202 (Certified Mail)

Hugh E. Hackney, Esq., Fulbright & Jaworski, L.L.P.,
2200 Ross Avenue, Suite 2800, Dallas, TX  75201
(Certified Mail)

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