.
ALAN LEE GOOD -- GOOD CONSTRUCTION
October 16, 2001
WEST 2000-44-M


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

                        October 16, 2001

SECRETARY OF LABOR,                : CIVIL PENALTY PROCEEDINGS
  MINE SAFETY AND HEALTH           :
  ADMINISTRATION (MSHA),           : Docket No. WEST 2000-44-M
                      Petitioner   : A. C. No. 45-03086-05512
          v.                       :
                                   : Docket No. WEST 2000-149-M
ALAN LEE GOOD, an individual doing : A. C. No. 45-03086-05513
  business as GOOD CONSTRUCTION,   :
               Respondent          : Good Portable Crusher

                        ORDER OF DISMISSAL

Before: Judge Melick

     These  Civil  Penalty Proceedings are before me upon remand 
by the Commission to determine  whether Respondent had adequate 
notice of the Secretary's interpretation  of  the  standard at 
30 C.F.R. § 56.14107(a)  with respect to Citation Nos. 7974337, 
7974340, 7974341, 7974342 and 7974343.  The Secretary has now 
vacated these citations. Accordingly  these proceedings have been 
rendered moot and, under the circumstances, are dismissed as to 
the issues on remand.


                                Gary Melick
                                Administrative Law Judge


Distribution:

William  W.  Kates,  Esq., Office of the Solicitor, U.S. Dept. of
Labor, 1111 Third Avenue, Suite 945, Seattle, WA 98101-3212

James A. Nelson, Esq., Attorney at Law, 205 Cowlitz, P.O. Box 878,
Toledo, WA 98591

\mca