<DOC>
[DOCID: f:w-94-699.wais]

 
FMC WYOMING CORPORATION
May 2, 1996
WEST 94-699-M


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
                      1244 SPEER BOULEVARD #280
                        DENVER, CO 80204-3582
                    303-844-3993/FAX 303-844-5268


                             May 2, 1996

SECRETARY OF LABOR,           :    CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH      :
  ADMINISTRATION (MSHA),      :    Docket No. WEST 94-699-M
               Petitioner     :    A.C. No. 48-00152-05639
                              :
          v.                  :
                              :    FMC Trona Mine
FMC WYOMING CORPORATION,      :
               Respondent     :

                             DECISION

Appearances:  Robert Cohen, Esq., Office of the Solicitor
              U.S. Department of Labor, Arlington, Virginia,
              for Petitioner;
              Matthew F. McNulty, P.C., Salt Lake City, Utah,
              for Respondent.

Before:  Judge Cetti

     This case is before me upon a petition for assessment of
civil penalties under section 105(d) of the Federal Mine Safety
and Health Act of 1977, 30 U.S.C. � 801 et seq. the "Act."  The
Secretary of Labor on behalf of the Mine Safety and Health Ad-
ministration, (MSHA), charged the Respondent, FMC Wyoming Corpo-
ration (FMC), the operator of the Trona Mine with the violation
of two regulatory safety standards set forth in Part 57 Title 30
Code of Federal Regulations.

     The operator filed a timely answer contending there were no
violations of the cited safety standards.  Pursuant to notice to
the parties, the matter came up for hearing at Salt Lake City on
April 2, 1996.

     Citation No. 4405834 alleges a violation of 30 C.F.R.
� 57.14107(a) which requires the guarding of moving machine
parts.  At the hearing, counsel for the Secretary, after viewing
pictures of the affected area, stated for the record that Cita-
tion No. 4405834 was being vacated.  He explained on the record
the reason why it was determined that the citation should be
vacated.

     The coupling and drive shaft between the motor and the hoist
was indeed guarded but there was a close question whether it was
adequately guarded.  At the hearing, after viewing the picture of
the guard and its related drive shaft and the coupling, the par-
ties agreed the citation should be vacated.

     Originally this docket included Citation No. 4125239 which
charged the operator with the violation of 30 C.F.R. � 57.5050
involving exposure limits for noise.  This citation was vacated
by MSHA.

                              ORDER


     Both Citation Nos. 4405834 and 4125239 are VACATED and this
case is DISMISSED.


                              August F. Cetti
                              Administrative Law Judge


Distribution:

Robert Cohen, Esq.,
Office of the Solicitor,
U.S. Department of Labor, 
4015 Wilson Boulevard,
Arlington, VA 22203
(Certified Mail)

Matthew F. McNulty, III, Esq.,
VAN COTT, BAGLEY, CORNWALL & McCARTHY,
P.C., 50 South Main Street, Suite 1600,
P.O. Box 45340,
Salt Lake City, UT 84145 
(Certified Mail)


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