.
STEWART KESSEN
September 19, 1995
WEST 95-96-M


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                      1244 SPEER BOULEVARD #280
                        DENVER, CO 80204-3582
                    303-844-3993/FAX 303-844-5268


                          September 19, 1995
                                        
SECRETARY OF LABOR,           :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH      :
  ADMINISTRATION (MSHA),      :  Docket No. WEST 95-96-M
               Petitioner     :  A.C. No. 02-02503-05522
                              :
          v.                  :  Stewart Kessen Crushing
                              :
STEWART KESSEN,               :
               Respondent     :
                              
                    DECISION APPROVING SETTLEMENT

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 (the Act).  The 
Petitioner filed a motion to approve a settlement agreement 
and to dismiss the case. The citations, initial assessments 
and the proposed settlement amounts are as follows:

                         Health &          Initial
     Citation             Safety     Proposed    Proposed
        No.    Date      Standard     Penalty   Settlement

     4335901  9/27/94  56.4201(a)(1)  $168.00    $117.60
     4335902  9/27/94  56.9300(a)      690.00     483.00
     4335903  9/27/94  56.14107(a)     288.00     201.60
     4335904  9/27/94  56.14107(a)     288.00     201.60
     4335905  9/27/94  56.12008        431.00     301.70
     4335907  9/27/94  56.14107(a)     288.00     201.60
     4356595  9/27/94  56.9300(a)      690.00     483.00
     4356597  9/27/94  56.12004        431.00     301.70

                           TOTALS   $3,274.00  $2,291.80
                                               
     I have considered the representations and 
documentation submitted and I conclude that the proffered 
settlement is consistent with the criteria in § 110(i) of 
the Act.

                                ORDER

     WHEREFORE the motion for approval of settlement is 
GRANTED. RESPONDENT SHALL PAY to the Secretary of Labor
the approved penalties of $2,291.80 within 30 days of 
this decision. Payment shall be made to Office of 
Assessments, Mine Safety and Health Administration, P.O. 
Box 360250M, Pittsburgh, Pennsylvania 15251-6250.  Upon 
such payment this case is dismissed.


                               August F. Cetti
                               Administrative Law Judge


Distribution:  Jeanne M. Colby, Esq., Office of the 
Solicitor, U.S. Department of Labor, 71 Stevenson Street,
Suite 1110, San Francisco, CA 94105

W. Scott Donaldson, Esq., 5050 North 19th Avenue, Suite
409, Phoenix, AZ 85015-3209
                 
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