.
T.E. BERTAGNOLLI & ASSOCIATES
February 20, 1996
WEST 94-226-M


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
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                        DENVER, CO 80204-3582
                    303-844-5266/FAX 303-844-5268

                          February 20, 1996

SECRETARY OF LABOR,              :   CIVIL PENALTY PROCEEDINGS
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION (MSHA),         :   Docket No. WEST 94-226-M
               Petitioner        :   A.C. No. 26-02007-05512
                                 :
          v.                     :   Docket No. WEST 94-681-M
                                 :   A.C. No. 26-02007-05515
T.E. BERTAGNOLLI & ASSOCIATES,   :
               Respondent        :   Bertagnolli Aggregates


                  DECISION APPROVING SETTLEMENT
                     ORDER CANCELING HEARING


Before:  Judge Cetti

     The above-captioned cases are consolidated for evaluation
and disposition.  Docket No. WEST 94-681-M was assigned to the
Judge on remand.

     These consolidated cases are 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).  Petitioner has
filed a motion to approve a settlement agreement and to dismiss
these cases.

     In Docket No. WEST 94-226-M, under the proffered settlement,
there is a reduction of the original proposed penalties as
follows:

Docket No. WEST 94-226-M

                   Alleged Safety       Initial
                 Standard Violated     Proposed       Settlement
Citation No.       (CFR Title 30)       Penalty       Disposition

  4138636           56.11001           $3,500.00       $1,750.00
  4139102           56.14109(a)        $1,500.00        1,000.00
  4139103           56.14109(a)        $1,500.00        1,000.00
  4139105           56.11001           $3,500.00        1,750.00

                                          TOTAL        $5,500.00

     In Docket No. WEST 94-681-M there is a reduction of original
penalties as follows:

Docket No. WEST 94-681-M

                  Alleged Safety        Initial
                Standard Violated      Proposed       Settlement
Citation No.     (CFR Title 30)         Penalty       Disposition

  4139741           56.12016           $5,200.00       $3,500.00
  4139747           56.15002           $4,600.00         Vacate

                                          TOTAL        $3,500.00


     I have considered the representations and documentation 
submitted in these cases and I conclude that the proffered 
settle-ment is appropriate under the criteria set forth in
section 110(i) of the Act.

                              ORDER

     WHEREFORE, the motion for approval of settlement is GRANTED
and Citation No. 4139747 and its proposed civil penalty are
VACATED.

     It is further ORDERED THAT THE OPERATOR PAY the approved
penalties totaling $9,000.00 to the Office of Assessments,
Mine Safety and Health Administration, P.O. Box 360250M,
Pittsburgh, Pennsylvania 15251 within 30 days of the date of
this decision.  Upon such payment these cases are dismissed.
In view of the approved settlement, the hearing previously
scheduled for February 20, 1996, is CANCELED.
 

                                 August F. Cetti
                                 Administrative Law Judge

Distribution:

Susan Gillett-Kumli, Esq.,
Office of the Solicitor, 
U.S. Department of Labor,
71 Stevenson Street, Suite 1110, 
San Francisco, CA 94105-2999

N. Childress,
T.E. BERTAGNOLLI & ASSOCIATES,
P.O. Box 2577, 
Carson City, NV 89702

/sh

SUSAN GILLETT-KUMLI ESQ
OFFICE OF THE SOLICITOR
U S DEPARTMENT OF LABOR
71 STEVENSON ST #1110
SAN FRANCISCO CA 94105-2999

N CHILDRESS
T.E. BERTAGNOLLI & ASSOCIATES
P O BOX 2577
CARSON CITY NV 89702