.
BSC CONSTRUCTION, INC.
May 25, 1995
WEVA 94-401


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, 10th FLOOR
                          5203 LEESBURG PIKE
                    FALLS CHURCH, VIRGINIA  22041


                             May 25, 1995

SECRETARY OF LABOR,              :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION (MSHA),         :  Docket No. WEVA 94-401
                Petitioner       :  A. C. No. 46-08242-03502GPF
                                 :
          v.                     :  CSI #5 Mine
                                 :
BSC CONSTRUCTION, INC.,          :
                Respondent       :

                    DECISION APPROVING SETTLEMENT

Before:  Judge Hodgdon

     This case is before me on a petition for assessment of
civil penalty under Section 105(d) of the Federal Mine
Safety and Health Act of 1977, 30 U.S.C. § 815(d).  The
Secretary, by counsel, has filed a motion to approve a
settlement agreement.

     The citation in this case alleged two separate
violations of the Regulations, Sections 48.28(a) and 48.31(a),
30 U.S.C. §§ 48.28(a) and 48.31(a), and penalties were assessed
for each violation.  The Secretary has modified the citation to
vacate all references to Section 48.31(a).  A reduction in
penalty from $400.00 to $300.00 is proposed for the
remaining violation.  Having considered the representations
and documentation submitted, I conclude that the proffered
settlement is appropriate under the criteria set forth in
Section 110(i) of the Act, 30 U.S.C. § 820(i).

     Accordingly, the motion for approval of settlement is
GRANTED and it is ORDERED that Respondent pay a penalty of
$300.00 within 30 days of the date of this order.  On
receipt of payment, this case is DISMISSED.


                               T. Todd Hodgdon
                               Administrative Law Judge


Distribution:

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

Mr. Roger L. Glover, Operations Manager, BSC Construction,
Inc., P.O. Box 945, Uniontown, PA  15401

/lbk