<DOC>
[DOCID: f:y9624m-2.wais]

 
ADVANCE STONE INCORPORATED
March 20, 1997
YORK 96-24-M


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


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


                         March 20, 1997

SECRETARY OF LABOR,          :    CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH     :
  ADMINISTRATION (MSHA)      :    Docket No. YORK 96-24-M
               Petitioner    :    A.C. No. 06-00636-05518
                             :
          v.                 :
                             :    New Milford Plant
ADVANCE STONE INCORPORATED,  :
               Respondent    :


                  DECISION APPROVING SETTLEMENT

Before:  Judge Bulluck

     This case is before me upon petition for assessment of civil
penalty under section 105(d) of the Federal Mine Safety and
Health Act of 1977 ("the Act").  Petitioner has filed a motion to
approve settlement agreement and to dismiss the case.  A
reduction in penalty from $554.00 to $229.00 is proposed.  The
citations initial assessments, and the proposed settlement
amounts are as follows:
                                Initial           Proposed
     Citation No.               Assessment        Settlement

     4426541                    $252.00           $104.00
     4426542                      50.00             21.00
     4426544                     252.00            104.00

     TOTAL                      $554.00           $229.00[1]

     I have considered the representatives and
documentation submitted in this case, and I conclude
that theproffered settlement is appropriate under the
criteria set forth in section 110(i) of the Act.

     WHEREFORE, the motion for approval of settlement
is GRANTED, and it is ORDERED that Respondent pay a
penalty of $229.00 within 30 days of this order.


                                Jacqueline R. Bulluck
                                Administrative Law Judge

                                Distribution:

Ralph R. Minichiello, Esq., Office of the Solicitor, U..
Department of Labor, One Congress Street, 11th Floor, P.O. Box
8396, Boston, MA 02114 (Certified
Mail)

Mr. Paul Kovacs, President, Advanced Stone Inc., 33 Boardman
Road, New Milford, CT 06776 (Certified Mail)

                                nt

**FOOTNOTES**

     [1]:Motion for Approval of Settlement and Order contains
mathematical error totalling penalty at $225.00, whereas $229.00
is corrected sum.