.
DEATLEY COMPANY, INC.
April 17, 1995
WEST 94-510-M


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
                      1244 SPEER BOULEVARD #280
                        DENVER, CO 80204-3582
                    303-844-3577/FAX 303-844-5268


                            April 17, 1995


SECRETARY OF LABOR,             :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        :  Docket No. WEST 94-510-M
             Petitioner         :  A.C. No. 10-01776-05517
                                :
            v.                  :  Plant No. 3
                                :
DEATLEY COMPANY, INC.,          :
             Respondent         :

                    DECISION APPROVING SETTLEMENT

Before: Judge Manning

     This case is before me upon a petition for assessment of a
civil penalty under Section 105(d) of the Federal Mine Safety
and Health Act of 1977, 30 U.S.C. § 801 et seq. (the "Act").
The parties filed a motion to approve settlement and order payment
of the proposed penalty.  Respondent has agreed to pay the $252.00
penalty originally proposed for the single citation.

     I have considered the representations and documentation sub-
mitted in this case, and I conclude that the proffered
settlement is appropriate under the criteria set forth in
Section 110(i) of the Act.

     Accordingly, the motion for approval of settlement is
GRANTED, and Respondent is ORDERED TO PAY the Secretary of
Labor the sum of $252.00 within 30 days of the date of this
decision, if it has not already been paid.


                              Richard W. Manning
                              Administrative Law Judge


Distribution:

Matthew L. Vadnal, Esq., Office of the Solicitor, U.S. Department
of Labor, 1111 Third Avenue, Suite 945, Seattle, WA 98101-3212

Mr. Brian Deatley, Crushing, Manager, DEATLEY COMPANY, INC.,
3665 Snake River Avenue, P.O. Box 648, Lewiston, ID 83501

/RWM