.
MINERAL TRANSPORT, INC.
May 19, 1995
WEVA 94-391


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                             May 19, 1995

SECRETARY OF LABOR,              :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION (MSHA),         :  Docket No. WEVA 94-391
                Petitioner       :  A.C. No.  46-08242-03501 PSY
                                 :
           v.                    :
                                 :  C S I #5
MINERAL TRANSPORT, INC.,         :
                Respondent       :


                    DECISION APPROVING SETTLEMENT

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).  Petitioner has filed a
motion to approve a settlement agreement and to dismiss the
case.  A reduction in penalty from $800 to $400 is proposed.
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 $400 within 30 days of this order.  The hearing scheduled
for June 8, 1995, is accordingly cancelled.


                                Gary Melick
                                Administrative Law Judge


Distribution:

Caryl L. Casden, Esq., Office of the Solicitor, U.S. Dept.
of Labor, 4015 Wilson Blvd., Arlington, VA 22203

W. Keith Martin, Manager, Mineral Transport, Inc., P.O. Box
313, Fairmont, WV  26544

/jf