<DOC>
[DOCID: f:ct97154.wais]

 
BLUE CIRCLE, INCORPORATED
July 15, 1998
CENT 97-154-M


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, SUITE 1000
                          5203 LEESBURG PIKE
                    FALLS CHURCH, VIRGINIA  22041


                            July 15, 1998

SECRETARY OF LABOR,         :   CIVIL PENALTY PROCEEDINGS
  MINE SAFETY AND HEALTH    :  
  ADMINISTRATION (MSHA),    :   Docket No. CENT 97-154-M
            Petitioner      :   A.C. No. 34-00026-05597  
      v.                    :
                            :   Docket No. CENT 97-155-M
BLUE CIRCLE, INCORPORATED,  :   A. C. No. 34-00026-05598
            Respondent      :  
                            :   Docket No. CENT 97-156-M
                            :   A. C. No. 34-00026-055
                            :  
                            :   Docket No. CENT 97-157-M
                            :   A. C. No. 34-00026-05600
                            : 
                            :   Docket No. CENT 97-158-M
                            :   A. C. No. 34-00026-05601
                            : 
                            :   Tulsa Plant

               DECISION ON REMAND APPROVING SETTLEMENT

Before:   Judge Melick

     These cases are before me upon petitions for assessment 
of civil penalty under Section 105(d) of the Federal Mine 
Safety and Health Act of 1977 (the Act).  Petitioner has 
filed a motion to approve a settlement agreement and to 
dismiss the cases.  Modification and vacation of certain 
citations and a reduction in overall penalties to 
$8,848.00, have been proposed.  I have considered the 
representations and documentation submitted in these cases, 
and I conclude that the proffered settlement is acceptable 
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 Respondent pay a penalty 
of $8,848.00, within 30 days of this order. 


                                    Gary Melick
                                    Administrative Law Judge


Distribution:

Mary K. Schopmeyer, Esq., Office of the Solicitor, U.S. Dept. 
of Labor, 525 South Griffin St., Suite 501, Dallas, TX 75202

Daniel J. Haupt, Conference & Litigation Representative, U.S. 
Dept. of Labor, Mine Safety and Health Administration (MSHA), 
1100 Commerce St., Room 4C50, Dallas, TX 75242

C. Gregory Ruffennach, Esq., 450 East 3rd Avenue, Durango, 
CO 81301

/mca