<DOC>
[DOCID: f:k94-1318.wais]

 
WINN TRANSPORTATION CORP.
March 7, 1995
KENT 94-1318


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                            March 7, 1995
                                 
SECRETARY OF LABOR,            :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH       :
  ADMINISTRATION (MSHA),       :  Docket No. KENT 94-1318
               Petitioner      :  A.C. No. 15-16482-03503QVW
          v.                   :
                               :  Browns Valley Mine
WINN TRANSPORTATION CORP.,     :
               Respondent      :

                  DECISION APPROVING SETTLEMENT

Appearances: Mary Sue Taylor, Esq., Office of the Solicitor,
             U.S. Department of Labor, Nashville, Tennessee
             for the Secretary of Labor; 
             Carl Boyd, Esq., Henderson, Kentucky for the
             Respondent.

Before: Judge Melick

     This case is before me upon a petition for assessment 
of civil penalty under Section 105(d) of the Federal Mine 
Safety and Health Act of 1977 (the Act).  At hearing 
Petitioner filed a motion to approve a settlement agreement
and to dismiss the case. Respondent agreed to pay the 
proposed penalty of $800.  I have considered the 
representations and documentation submitted in this case, 
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
$800 within 30 days of this order.


                              Gary Melick
                              Administrative Law Judge


Distribution:

Mary Sue Taylor, Esq., Office of the Solicitor, U.S. Dept.
of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, 
TN 37215-2862

Carl Boyd, Esq., 120 N. Ingram Street, Henderson, KY 42430

/jf