<DOC>
[DOCID: f:bridger.wais]

 
BRIDGER COAL COMPANY
March 27, 1995
WEST 91-233


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                    1730 K STREET N.W., 6TH FLOOR

                       WASHINGTON,  D.C.  20006


                            March 27, 1995

SECRETARY OF LABOR,               :
  MINE SAFETY AND HEALTH          :
  ADMINISTRATION (MSHA)           :  Docket No. WEST 91-233
                                  :
          v.                      :
                                  :
BRIDGER COAL COMPANY              :


                        ORDER  DISMISSING  PETITION

     This  civil penalty proceeding arises under the Federal Mine
Safety  and  Health  Act of 1977, 30 U.S.C.  801 et seq. (1988). 
On  December  29,  1994, the  Commission  granted  the  Secretary 
of Labor's  petition for discretionary review of the  decision 
of Administrative  Law  Judge August  F.  Cetti,  in  which  he
vacated a citation   issued  to  Bridger  Coal  Company ("Bridger").
16 FMSHRC 2310 (November 1994).

     On  February  24, 1995, the Secretary  filed  a  motion  for
voluntary  dismissal of the petition pursuant to Fed. R. Civ. P. 41
(a) and Fed. R. App. P. 42 (b), stating  that the motion was made 
"in an   effort   to  effectively   utilize   his resources."[1]  
Mot.  at 1.  The Secretary asserts  that  counsel for Bridger  had 
been notified of the  motion.   The Commission has administratively
determined that Bridger does not oppose the motion.

     Upon consideration of the Secretary's motion, we dismiss his
petition for review.  See generally RBK Construction,  Inc.,15 FMSHRC
2099, 2101 n.2 (October 1993).

                                   _____________________________
                                   Mary Lu Jordan, Chairman

                                   ______________________________
                                   Joyce A Doyle, Commissioner

                                   ______________________________
                                   Arlene Holen, Commissioner

                                   ______________________________
                                   Marc Lincoln Marks, Commissioner


**FOOTNOTES**

     [1]: Fed. R. App. P. 42 (b) provides in part: "An Appeal may  be 
dismissed on motion of the appellant upon such terms as may be  agreed 
upon by the parties or fixed by the court." Commission  Procedural  Rule
1 (b) provides that the Federal Rules  of  Civil  Procedure  and the 
Federal Rules of Appellate Procedure shall apply "so far as practicable]"
in the absence of applicable Commission rules. 29 C.F.R. 2700.1(b).