.
HARBOR ROCK, INCORPORATED
May 2, 1995
WEST 95-64-M


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                     1730 K STREET NW, 6TH FLOOR
                        WASHINGTON, D.C. 20006


                             May 2, 1995

SECRETARY OF LABOR,            :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH       :
  ADMINISTRATION (MSHA),       :  Docket No. WEST 95-64-M
                Petitioner     :  A. C. No. 45-02518-05517
                               :
          v.                   :  Harbor Rock Portable
HARBOR ROCK, INCORPORATED,     :
                Respondent     :

                       ORDER ACCEPTING RESPONSE
                    DECISION APPROVING SETTLEMENT
                             ORDER TO PAY

Before:  Judge Merlin

     This case is before me upon a petition for assessment
of civil penalties under section 105(d) of the Federal
Mine Safety and Health Act of 1977.

     The parties have filed a joint motion to approve
settlements for the two violations in this case. A reduction
in the penalties from $3,000 to $959 is proposed. On
March 16, 1995, an order was issued disapproving the
settlement and directing the parties to file additional
information to support their motion.  On April 14,
1995, the parties filed a second motion to approve
settlement.

     Citation No. 4341585 was issued for a violation of
section 103(a) of the Mine Act, 30 U.S.C. § 813(a), because
the operator's representative ordered the inspector off the
mine property.  The originally assessed penalty was $1,000
and the proposed settlement is $320.  The motion filed by
the parties fully sets forth the circumstances under which
the operator's representative acted.  Clearly, the
representative violated the law.  However, as set forth in
the motion there now have been amicable and productive
discussions between the parties and no recurrence.  I am
told that the parties recognize the statutory right of
MSHA to conduct inspections without delay or interference.
Based on these representations I will approve the motion.
It goes without saying, I do not expect repetition of
such behavior from any representative of the operator.

     Citation No. 4341658 was issued as a 104(d)(1) citation
for a violation of 30 C.F.R. § 56.11012 because a railing,
barrier or cover was not in place at the jaw crusher
which was near the access into the crusher control booth.
The originally assessed penalty was $2,000 and the proposed
settlement is $639.  The parties advise that the penalty
has been amended on the basis of the operator's present
financial condition.  I accept the parties' representations
and conclude that the settlement is appropriate.  I
further note that the operator is small in size and
promptly abated the violation.

     In light of the foregoing, it is ORDERED that the
settlement motion filed on April 14 is ACCEPTED as a
response to the March 16 order.

     It is further ORDERED that the recommended
settlements be APPROVED.

     It is further ORDERED that the operator PAY $959
within 30 days of the date of this decision.


                             Paul Merlin
                             Chief Administrative Law Judge


Distribution:

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

Mr. Tim Bond, Secretary, Harbor Rock Inc., Box 246, South Bend,
WA 98586

/gl