.
DCL CONSTRUCTION, INC.
April 14, 1996
WEST 95-248-M


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                      1244 SPEER BOULEVARD #280
                        DENVER, CO 80204-3582
                    303-844-3577/FAX 303-844-5268


                            April 14, 1996

SECRETARY OF LABOR,           :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH      :
  ADMINISTRATION (MSHA),      :  Docket No. WEST 95-248-M
               Petitioner     :  A.C. No. 04-05257-05502 :
          v.                  :
                              :  Portable Crusher
DCL CONSTRUCTION, 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").  Peti-tioner filed a motion to
approve settlement and order payment of an amended
penalty.  A reduction in penalty from $6,700.00 to
$4,690.00 for one section 104(d)(1) citation and seven
section 104(d)(1) orders is proposed.  The motion
states that the original proposed penalty was specially
assessed under 30 C.F.R. § 100.5 and that Respondent
has a history of no violations during the previous
24 months.

     I have considered the representations and
documentation submitted 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 $4,690.00 within 90 days of the date
of this decision.


                            Richard W. Manning
                            Administrative Law Judge


Distribution:

J. Mark Ogden, Esq., Office of the Solicitor, U.S.
Department of Labor, 300 N. Los Angeles St., #3247,
Los Angeles, CA 90012-3381

DCL CONSTRUCTION, INC., P.O. Box 1762, Salton City,
CA 92275

/RWM